/ 



OF THE 

STATE OF SEW JERSEY. 



FIRST SERIES. 
Vol. I. 



This volume was compiled and edited by anther- 
y of the State of New Jersey; at the re(iiiest of 
'■ be New Jersey Historical Society, and nnder the 
irection of the following committee: 

Nathaniel Niles, Cirn. 
Marcus L. Waed, 
Joel Parker, 
W. A. Whitehead. 



S O U E C E S 

WHENCE THE DOCUMENTS IN THIS VOLUME WERE OBTAINED. 



Documents relating to the Colonial History of the State 

of NeiD Yorli. 
The Grants and Concessions and Original Constitutions 

of the Province of New Jersey^ hy Aaron Learning 

and Jacob Sjpicer. 
Neio Jersey Historical Society Lihrm'y. 
Recoi'ds of East Jersey Hroj)rietors, at Perth Amboy. 
Secretary of Stated Office, Albany, New YorTc. 
Public Record Office, London, England. 
Minutes of the Provincial Council of Pennsylvania. 
Pennsylvania Archives. 
New York Historical Society Lihrary. 
Records of Newcastle, Delaware. 
Secretary of State's Office, Trenton, Neio Jersey. 
Woodhridge Town Records. 
Johnson's History of Salem. 
Smith's History of Neio Jersey. 
Charles H. Winfield, of Jersey City. 
William A. Whitehead, of Newark. 



ERRATA 



Pages 28 and 93.— In titles of documents, instead of " East Jersey " re*' 

New Jersey. 
Page 163.— In title of document, for " New Jersey " read Northern New 

Jersey. 
Page 366.— For "Thomas Heywood " read John II ywood, 



DOCUMENTS 

II 



RELATING TO THE 



COLONIAL HISTORY , 

4' 3 7 



STATE OF NEW JERSEY, 



EDITED BY 

WILLIAM A. WHITEHEAD, 

Corresponding Secretary of the New Jersey Historical Society; Author of 
East Jersey Under the Proprietary Governments ; Contributions 
to the Early History of Perth Amboy and the Surround- 
ing Counti-y; Editor of the Papers of Lewis Mor- 
ris, and of an Analytical Index to the 
Colonial Documents of New 
Jersey, &c., &c. 



volum:e: i. 



1631-1687. 




NEWARK, N. J.; 

PBINTED AT THE DAILY JOURNAL ESTABLISHMENT, 



/=7 3 ' 



GENERAL mTRODUCTIOK 



It is an advantage, which the United States 
of America enjoy over older countries, that they 
can trace, with much greater precision, the course 
of events, which have marked their progress from 
their first settlement. But this advantage is attend- 
ed by responsibilities, which are not always properly 
regarded. It is not enough that their respective 
histories can be more I'eadily rescued from oblivion, 
by patient and diligent research ; it is of ecpial, if 
not of more,, importance, that the materials for 
'those histories should be so preserved as to be 
always readily available, to enlighten their citizens 
as to the events of the past, and intimate the effect, 
upon the future, of the lessons those events are cal- 
culated to teach. 

In the preface to his impartial and elocpient his- 
tory of the United States, Mr. Grauame thus 
alludes to their annals : — " There never has been a 
people on whose character their ov/u historical 
recollections were calculated to exercise a more 
animating or salutary influence. **•'«• The 
oi-igin of the nation, and the rise and jji'ogress of 



J 



Vl. GENERAL iNTRODtCTtON. 

its institutions, may be distinctly ascertained ; and 
the people enabled to acquire a complete and accu- 
rate conception of the character of their earliest 
national ancestors, as well as of every succeeding 
generation, through which the inheritance of the 
national name and fortunes has devolved upon 
themselves." These sentiments were those enter- 
tained by the gentlemen who, in IS^S, organized 
the " New Jersey Historical Society," with the view 
" to discover, procure and preserve whatever relates 
to any department of the history of New Jersey — 
natural, civil, literary or ecclesiastical — and, gen- 
erally, of other portions of the United States." 

In 1843, previous to the organization of the 
Society, the same gentlemen — being impressed with 
the proj^riety of New Jersey's taking some steps to 
obtain from the English Archives, copies of the 
records referring to the Provincial history of the 
State — brought the subject to the attention of the 
Legislature, and, at the next session. Governor 
Haines alluded to it in his annual message. This 
led to the introduction of a series of resolutions, 
emanating from tlie Judiciary Committee, which 
were intended to effect the object through Mr. John 
Brodhead, the agent of New York ; then abroad, 
engaged in securing the documents referring to that 
State. Although preceded by a favorable report, 
the resolutions, as they required a majority of two- 
thirds, did not pass. 



feEJifliRAt IIlTttODtTCTtOI^. Vll. 

In 18-46, the Historical Society presented a 
memorial, urging action on the imrt of the Legisla- 
ture; but, notwithstanding a recommendation of 
Governor Steatto]^, and another favorable rejDort, 
from a special committee, the measure was again 
defeated. 

The Society, however, continued its endeavors 
to effect the object in view; and, in 1849, through 
private subscriptions, secui*ed sufficient funds to 
take the preparatory step of obtaining an index to 
the New Jersey Colonial Documents in the State 
Paper Offices, through an agent in London. This 
was completed in 1851 ; and, in 1854, the duty of 
editing the Index was assigned to Mr. AVhitehead, 
the Corresponding Secretary; and, in 1858, under 
the title of " x\n Analytical Index to the Colonial 
Documents of New Jersey, in the State Paper 
Offices of England ; with Notes and References to 
Printed Works and Manuscripts in other Deposi- 
tories," the Society published a valuable volume 
of over 500 pages ; furnishing the title, date, place 
of deposit and summary of contents of each docu- 
ment — over 3,500 in all — both in England and 
America ; constituting the fifth volume of its 
" Collections : " the Legislature subscribing for 500 
copies of the work. 

This action of the Historical Society developed 
the interesting nature of the documents sought to 
be obtained, and delay in their procurement could 



Vm. GKXKRAT. INTRODUCTTON*. 

no longer be i^egarded with favor. But still, it 
was not until 1872, through the instrumentality of 
the Hon. Nathaniel Niles, Member of the Legis- 
lature, from Morris County, that authority was 
given to the Society to procure copies of all papers, 
directly referring to the history of the State, which 
might be found in the State Paper Offices in Eng-. 
land. This was subsequently, in 1874, so modi- 
fied, as to include the procurement of documents, 
of a like import, that might be found elsewhere ; 
and, in 1878, the authority was still further extend- 
ed to the arranging, collating and publishing the 
papers thus procured. 

The Society appointed, as the committee to 
have charge of these important duties, the Hon. 
Nathaniel Niles, Ex-Governor Daniel Haines, 
Ex-Governor Joel Parker and ^y. A. Whitehead. 
In 1878, Ex-Governor Marcus L. Ward was ap- 
pointed on the Committee, in ])lace of Ex-Governor 
Haines, v/ho had died ; and the duty of editing 
and preparing the documents for the Press, and 
superintending the printing of the several volumes, 
was, at the request of the Society, assigned to Mr. 
Whitehead. Tlie first of these volumes is here pre- 
sented. 

On entering upon his duties, the Editor found 
several questions demanding his consideration : — 

First. — AVithin Avhat limits should the selection 
of the pa])ers to be printed be confined ? As there 



GT^NEt^AL INTRODUCTION. IX. 

could be no doubt of the additional value given 
to the "Analytical Index/' referred to above, by 
including therein references to papers found else- 
where than in the State Paper Offices of England, 
the Committee was considered to have acted wisely, 
in securing copies of all documents of the character 
sought to be secured, referring to New Jersey, 
wherever found ; and, with comparatively few excep- 
tions, all thus selected will be found printed in 
these volumes. For, although papers of much 
importance in arriving at right conclusions, respect- 
ing many events in our history, have already been 
incorporated in the few works thereon, which have 
been published ; yet, to leave them out of this com- 
pilation, in consequence, would render the volumes 
defective, and deprive them of — Avhat, it is hoped, 
they will ever deserve — the consideration due to 
reliable authorities for facts bearing upon any event 
of the early history of the State. 

Second.— 1^0 what extent should his notes and 
annotations be carried ? Although many of the 
documents may throw much light upon individual 
character and incidental circumstances, elucidating 
important events ; yet, as they were not intended to 
constitute parts of a connected narrative, it seemed 
advisable that casual allusions to persons and events 
identified with the period, might be rendered more 
serviceable, by receiving additional dates and expla- 
nations ; and to that end the remarks of the Editor 



^- GENERAL I^lTRODrCTlo:^^. 

have been directed, in this connection. He cannot 
promise his fellow-citizens that they will find the 
result of his labors as complete as they may desire. 
Compreliensive, as he may have aimed to make 
them, he is fully aware that they come far short of 
the perfection sought. No one can regret more 
than himself, that what is intended to awaken the 
peo^ole of New Jersey to greater interest in the 
history of the State, should fail to realize any 
expectations that may have been aroused. 

In the use of capital letters, and in punctuation, 
the original documents liave been scrupulously fol- 
lowed ; and the abbreviations, so common in old 
manuscripts, have been imitated as nearly as pos- 
sible. Those accustomed to examine such manu- 
scripts, will have noticed the j^tractice of omitting 
vowels — substituting for a double consonant a single 
letter — and the leaving off one or more letters at 
the end of a word — a circumflex above the line 
taking the place of one or all. These peculiarities 
have been sought to be preserved in these pages by 
the use of aj)ostrophes above tlie line. 

W. A. WHITEHEAD. 

Newark, N. J., Xoceinber, 1880. 



COIS"TEIs[TS. 



Page. 
1631 — June 3. — Patent to Samuel Godyn and Samuel Bloemmaert, 

for the east side of Delaware River, now Cape May 

County, New Jersej'^ 1 

16G4 — March 12.— Patent from King Charles II. to James, Duke of 

York, for tract of land in New England, including 

New Jersey'. 3 

" June 23. — Lease for a year from James, Duke of York, to 
Lord John Berkeley and Sir George Carteret, for 
New Jersey 8 

" " 24. — Release from James, Duke of York, to John, Lord 

Berkeley, and Sir George Carteret, for New Jersey. . 10 

" Sept. 30. — Application to Governor Richard Nicolls, for per- 
mission to locate lands in New Jersey 14 

" Oct. 28. — Deed from the Indians to John Bailey and his As- 
sociates for Elizabeth town tract 15 

" Dec. 1. — Confirmation by Governor Nicolls of the purchase 

from the Indians of the Elizabethtown tract 17 

1(565 — Feb. 10. — Commission of Philip Carteret as Governor of 

New Jersey 20 

" " " — Instructions of the Lords Proprietors to Governor 

Philip Carteret 21 

" " " — Commission of Robert Vauquellin to be Surveyor 

General of New Jersey 20 

" " " — The Concessions and Agreements of the Proprie- 
tors of New Jersey 28 

" April 8. — Grant from Governor Nicolls for land at Sandy 
Hook and on Raritan Bay — known as the Monmouth 
Patent 43 

" — . — Letter from Governor Nicolls, of New York, to 

the Duke of York, objecting to his grant of New 
Jersey to Lords Berkeley and Carteret 4<) 

" Nov. 22 \ - — Oaths of Allegiance taken by the inhabitants of 
to - Bergen, Newark, Elizabethtown, Woodbridge, 

1()(>8 — Feb'y 27.) Navesink, Middletown and on the Delaware 48 

1<)(J6 — Feb'y 27. — Letter from Governor Carteret to those proposing 

a settlement on the Delaware 51 

" April 9 — Letter from Governor Nicolls, of New York, to 



XIV. CONTENTS. 

Page. 
Lord Arlington — objections to the grant to Lords 

Berkeley and Carteret 54 

IGfiG — May 26. — Letter from Governor Carteret to the Indian 

Sachem Oraton, relative to the Newark tract 55 

" " " — Letter from Governor Carteret to Captains Post 

and Cornelius, interpreters 56 

1668 — April 7. — Proclamation of Governor Carteret, calling the 

first Assembly 56 

" Aug'st 25. — Letter from Samuel Maverick to I^ord Arlington — 
objections to the grant to Lords Berkeley and Car- 
teret 57 

1661) — March 1. — Proclamation of Governor and Council, prohibit- 
ing the inhabitants of Middletown and Shrewsbury 
from voting 58 

" " " — Warrant for the Navesink men to produce certain 

laws, and to publish them 59 

" " " — Warrant from Governor Carteret, requiring the 

surrender of a certain paper in the possession of 

some one in Middletown 61 

1670- -April -i. — Letter from Governor Carteret to Surveyor Gene- 
ral Vauquellin, relating to Woodbridge and Piscata- 
way lands 61 

" Oct. 20. — Order from Governor Carteret, enlarging the 

authority of the Court at Woodbridge 62 

" *' 25, — Letter from Governor Carteret to the people of 

Woodbridge, urging conformity to the requirements 

of the Proprietors 03 

1671 — March 15 > — Proceedings against William Hackett, captain of 

to June oO. ) the sloop Indeavor. 64 

" Sept. 25. — Minutes of Council, held at Fort James (New 
York) — Indian murders at Matiniconck Island, Dela- 
ware 72 

" *' 26. — Letter from Governor Lovelace to Mr. Tom, Dela- 
ware, relating to Indian murders 74 

" Nov. 7. — Minutes of Council, held at Fort James (New 

York) — Indian murders at Matiniconck, Delaware. . . 76 

" " !). — Letter from Governor Lovelace to Captain Carr, at 

Newcastle, relating to Indian murders 7!t 

1672 — Feb. & > — Proceedings at a Special Court, held at Elizabeth- 
March, i town, for the trial of William Meeker and others. ... 80 

" May 28. — Confirmation of certain privileges to Middletown 

and Shrewsbury 88 

" " " — Declaration and Protestation of the Governor and 

Council against James Carteret 8J) 

" June 15. — Letter from the Council to Governor Carteret about 

James Carteret i^l 



CONTENTS. XV. 

-V Pago. 

1672 — Juue 17. — Order prohibiting the exercise of any authority in 



^en not sanctioned by the Governor 92 

July 1. — Commission from the Council to Samuel Moore, to 

represent them in England <)?, 

" "^ — Address of the Council to the Lords Proprietors, 

about the affairs of the Province f)4 

Nov. 25. — Letter from the Duke of York to Governor Love- 
lace, relating to New Jersey 97 

Dec. 6. — The Lords Proprietors' declaration of the true 

intent and meaning of the Concessions 09 

" " — Declaration of the Lords Proprietors to the inhabit- 
ants of New Jersey, against the malcontents 101 

" " — Letter from the Lords Proprietors to the Governor 

and Council of New Jersey, referring to William 

Meeker 104 

" 7. — Grant from the Lords Proprietors to the Officers 

and Freeholders of Woodbridge, and to Samuel Moore 104 
" " — Directions for the Governor and Council of New 

Jersey, from the Lords Proprietors, relating to the 

purchase of land from the Indians, &c 1().'> 

" 9. — Letter from King Charles II. to the Deputy Gov- 

ernor and Council of New Jersey, contimiiug their 

authority 107 

" 10. — 'Letter from the Lords Proprietors to Deputy Gov- 
ernor and Council of New Jersey — their claims to be 

sustained 108 

" 11. — Letter from the Lords Proprietors to the pretended 
representatives of Elizabethtown, Newark and Pis- 

cataway 109 

1G73 — June G to > — Titles to plantations between Oldman's Creek 

1G78— Oct. 28. i" and Salem 109 

1673 — May 22. — Orders from Deputy Governor Beiry and Council 
to the inhabitants of the several towns, to take out 

their warrants, &c 119 

" Aug'st 8. — ^Nathan Gould's account of circumstances leading 

to the capture of New York by the Dutch 121 

" " 1'^ to) 

;- — Minutes of the Council of New Netherland 122 

1G74— July 6. ) 

1G73 — Dec. 2. — Affidavit of William Hayes, about the taking of New 

York by the Dutch 152 

1074 — June 13. — Letter from Charles II., concerning obedience to 

the Government of Sir George Carteret 153 

" " 23. — Proceedings of Court, in relation to the differences 

between Piscataway and Woodbridge 154 

(< '< 29. — Petition of the inhabitants of Newark, Elizabeth 

and Piscataway for a confirmation of their privileges 155 



XVI. CONTENTS. 

Page. 
Ifi7-i — July 1. — Commission of Edmund Andros as Governor of 

New York and dependent coimtry 156 

" " 18. — Decision of the Court respecting the differences 

between Woodbridge and Piscataway 159 

" " 23. — Warrant from the Duke of York to Attorney Gene- 

ral Wynnington, to prepare a patent to Sir George 

Carteret for East Jersey 160 

" " 28. — Lease from Duke of York to Sir George Carteret, 

for the Northern half of New Jersey 161 

" " 2'J. — Release from Duke of I'^ork to Sir George Carteret, 

for the Northern half of New Jersey 163 

31. — Directions, instructions and orders to Governor 
Philip Carteret, his Council, and the inhabitants of 

East Jersey, by Sir George Carteret 167 

" Dec. 11. — Order for a General Court, to be held March 'J, 

1675 176 

1675 — Feb'y 13. — Letter from Sir Joseph Werden, Secretary to the 
Duke of York, to Governor Andros, relating to the 

pretensions of Sir George Carteret 179 

" March 27. — Letter from Governor Andros to Captain Cantwell, 

relating to Indian affairs 170 

April 23. — Letter from Governor Andros to Captain Cantwell, 

on Indian affairs 181 

" May 13. — Conference at Newcastle, Del., on Indian affairs. . 182 
1676 — Feli'y 5. — Affidavit of Silvester Salisbury, Peter Smith and 
Edward Sackville, as to the number of families in 

New Jersey on the arrival of Philip Carteret 183 

1675 — June — . — Note of the arrival of John Fenwieke and his 

family in West Jersey 185 

1676 — May 3. — Major Fenwieke before the Council, in regard to 

his claims on Delaware 186 

Aug'st — . — Presentment of Samuel Leete against John Fen- 
wieke 186 

" Sept. 25. — Warrant of Governor Andros against John Fen- 
wieke 187 

" Dec. 5 ^ — Proceedings of the Government of New York, in 
to ;- relation to the settlement and jurisdiction of John 

1(J78— Oct. 28. ) Fenwieke 188 

1676 — July 1. — Quintipartite Deed between Sir George Carteret, 
William Penn, Nicholas Lucas. Gawen Lawrie and 
Edward Byllynge, dividing the Province of New 

Jersey into East and West Jersey 205 

" Ang'bt 18. — Instructions from William Penn, Gawen Lawrie, 
Edward Byllynge, Nicholas Lucas and Edmond 

Warner, to their Commissioners in West Jersey 211) 

June 25. — First agreement for the settlement of West Jersey. 225 



CONTENTS. Xvii. 

Page. 
1676 — Aug'st 26. — Letter from the Proprietors of "West Jersey to 

Richard Hartshorne, one of their Commissioners 227 

" " 31.— Letter from Sir John Werden, Secretary, &c., to 
Governor Edmund Andros, siistaining the Duke of 
York's prerogatives 230 

" Sept. — .--Letter from William Penn, Gawen Lawrie and 
Nicholas Lucas to those proposing to settle in West 
Jersey 231 

" Nov. 20. — Minutes of a Council, held at New York, in rela- 
tion to Major John Fenwicke's granting patents in 

New Jersey 23a 

1077 — Jan'y 12. — Proceedings at a Court, held at New York, for the 

trial of Major John Fenwicke 236 

" " " —Proceedings against Major John Fenwicke under 

the presentment of Samuel Leete .... 238 

" Aug'st 4. — Permission given to Thomas Olive and other pas- 
sengers of the ship Kent, to settle in West Jersey. . . 239 

" March 3. — The Concessions and Agreements of the Proprie- 
tors, Freeholders and Inhabitants of the Province of 
West New Jersey, in America , 241 

" — . — Letter from Governor Andros to Captain Billop, 

Commander at Delaware, relating to the arrival of 
the Martha, of Hull 270 

" Oct. 17. — Letter from Governor Andros to the Commissioners 

for West Jersey, as to their privileges 271 

" — . — Opinion of certain English Lawyers as to the in- 
efficiency of Governor Nicolls" patent for Elizabeth- 
town 272 

1678 — May 9. — Depositions relating to the conduct of John Fen- 
wicke, made before a Court at Newcastle 275 

" " 16 — Proclamation of John Fenwicke to claimants of 

land in West Jersey 276 

" " 22. — Order of Council, at New York, against John Fen- 
wicke's proceedings 278 

" " 25, — Letter from Secretary Nicolls, New York, to the 

Court at Newcastle, inclosing the above . . 271> 

" June 18. — Minutes of New York Council, relating to John 

Fenwicke 280 

" .July 17-24. — Proceedings of Council, at Newcastle, relating to 

Major .John Fenwicke's case 280 

" Oct. 25, — Names of persons at Salem, where Major Fenwicke 

settled 283 

" ■' 26. — Commission from Governor Andi'os to William 

Penton and othei's, to be Overseers at Salem 284 

•' '■ 28. — Order from Governor Andros, directing the Jus- 
tices at Newcastle, Del., to protect the inhabitants in 



XVIU. CKXTKXTS. 

Page. 
West Jersej-, against the uulawful proceedings of 

Major Fenwicke 285 

KwJS — Nov. 14. — Lease of Matiniconck Island, in Delaware River, 

to Robert Stacy 28(5 

" Dec. ;>. — Petition of Thomas Olive and other inhabitants of 
Burlington, to the Governor of New York, in favor 
of Henry Jacobs, then the tenant, in possession of 

Matiniconck Island '2)>7 

U>7'.) — June 2'A. — Petition from persons from England for grants of 

laud 28!) 

" Sept. 1!). -Sir John "Werden to the Secretary of State, on the 
extent of the authority granted to the Proj^rietors of 
New Jersey 280 

" Oct. 26. — Names of the Magistrates in West New Jersey ... . 2!tl 
1680 — March 8. — Letter from Governor Andros to Governor Car- 
teret, transmitting copies of his commission and of 
the King's Letters Patent, and informing him of the 

necessity for a fort at Sandy Hook 2'.l2 

March ];!. ^Proclamation of Governor Andros against the 

authority of Governor Carteret 2!).j 

•' " 20. — Letter from Governor Carteret to Governor Andros, 

in answer to his of 8th of March 2'.I4 

" " 22. — Commission from Governor Carteret to John Ber- 
ry, to be his successor 2!)") 

" " 2:5. — Proceedings of New York Council in relation to 

representation from the towns in New Jer.sey 2!M) 

" " 29. — Letter from Governor Carteret to Governor Andros, 
countermanding orders for a meeting of the General 
Assembly, and condemning his proceedings 207 

" April ')-'. — Visit of Governor Andros to New Jersey. 200 

" May 1. — Warrant from Governor Andros for the arrest of 

Governor Carteret ;l()2 

" " 27-28. — Extracts from the Minutes of a Special Court of 
Assizes, held in New York, for the trial of Governor . 
Carteret 303 

" June 1. — Account of Governor Andros' visit to New Jersey 

to meet the Assembly 304 

" " 2. — Return of Deputies for New Jersey Assembly 30(5 

" " 2-."). — Proceedings of the New Jersey Council and As- 
sembly 307 

" " 8. — Proceedings against William Taylor and John Cur- 

tis, for speaking disre.spectf ully of Governor Andros. 313 

" July 9. — Letter from Governor Carteret to the Proprietor, 

relating to the proceedings of Andros 314 

*' •' " — Letter from Governor Carteret to James Bollen, 

tbeo in Euglaud, giving a« account of his trial 310 



Page. 
1G80 — July 14. — Objections of the people of Woodbridge to choos- 
ing Justices, in accordance with the instructions of 
Governor Andros 318 

" " 2;"). — Governor Andros' approval of the appointments at 

PiscataM'ay ^l!) 

" " 21-o0. — Proceedings of New York Council on New Jer.sey 

matters o 1 !> 

•' Aug'st 4. — Proceedings against John Curtis. 320 

" " •' — Warrant from Governor Andros for the arrest of 

Samuel Moore and Samuel Dennis 321 

" " 13. — Proceedings of New York Council, relating to 

Samuel Moore and Dr. William Taylor 322 

" •• ('). — Memorandum respecting the claim of Edward Byl- 
lynge, and Sir William Jones' opinion on the right of 
the Duke of Y'ork, to claim any duties from the in- 
habitants of New Jersey 323 

" " " — Grant from the Duke of York to William Peun, 
Gawen Lawrie, Nicholas Lucas, John Eldridge and 
Edmund Warner, for West New Jersey, in trust for 
Edward Byllynge, to whom the Government is con- 
veyed 324 

" " 19. — Letter from John Bowne, Town Clerk of ]\[iddle- 

town, to Governor Andros, about a town meeting. . . 333 

" •' 20. — Letter from John Bowne to Governor Andros, 

relating to .Middletown matters 333 

" Sept. 8 23. — Case of William Meeker against William Pardon, 

in Court of Sessions, at Elizabethtown 334 

" " 10. — Release of James, Duke of York, to Sir George 
Carteret (grandson and heir of the original Proprie- 
tor), for East Jersey 337 

" Nov. 6. — Letter from Sir John Werden to Governor Andros 
— the Duke of York had released both moieties of 

New Jersey 34."i 

l(!Sl — March 2. — Proclamation of Governor Carteret against the 

authority of Governor Andros 34<> 

" May 12. — Letter from Sir John Werden to Governor Andros, 
relative to the ownership of the islands in the Dela- 
wai'e River •UT 

'• July Ifi. — Letter from Sir John Werden to Williacn Penn, 

relative to the islands in the Delaware River 348 

" " 22. — Letter from Governor Carteret and Council to the 
Governor and Council of New York, relating to 
Staten Island 3.4!l 

" " " — Letter from Governor Carteret to Deputy Gov- 

ernor Anthony BrockhoUs — Messrs. La Prairie and 
Bollen sent to demand the surrenderor Staten Island. 34'J 



iCX. CO^fTEKTS. 

I'age. 
1681 — July '22. — Proclamation of Governor Carteret to the inhabit- 
ants of Staten Ishmd 3 aO 

" " 2G. — Answer of Captain Brockholls to Governor Car- 
teret's Letter of the 22d 351 

" '• L'8. — Letter from Governor Carteret to Captain Brock- 
holls, in answer to the foregoing 3.1 L' 

" " 30. — Letter from Governor Carteret to Lady Elizaljeth 
Carteret, informing her of his action in relation to 
Staten Island 3 ')3 

" Aug'st 8. — Letter from Sir John Werden to Sir Allen Apsley — 

relations of New Jersey to New York 3.")3 

" Oct. 19 to I — Proceedings of the Governor, Coiancil and As- 

" Nov. 2. ) sembly of East Jersey 354 

1G82 — Feb'y 1. — Lease from Elizabeth, widow of Sir George Car- 
teret, and his Trustees, to the first twelve Proprie- 
tors of East Jersey 3GG 

March 23. — Deed from John Fenwicke to William Penn, for 

half of New Jersey 370 

" June 1. — Agreement of the twelve Proprietors of East Jer- 
sey as to the benefit of survivorship 373 

" Sept. in. — Commission of Thomas Kudyard to be Seci'etary 

and Register of East Jersey 37t! 

" " " — Commission of Samuel Groom to be Receiver 

General of East Jersey 378 

" Dec. 21. — Letter from the llegister of Scotland (Earl of 
Perth), to Sir John Werdeu, expressing the desire of 
the Proprietors of East Jersey to receive a grant 

directly from the Duke of York 37S) 

1083 — Jan'y 4. — Letter from Sir John Werden to the Lord Regis- 
ter of Scotland (Earl of Perth), in answer to the 
foregoing 380 

" March 3. — Letter from James Nevill to Governor William 
Penn, relative to the extension of his authority over 
West Jersey 382 

" " 14. — Release from the Duke of York to the twenty-four 

Proprietors of East Jersey 383 

*' June (>. — Minutes of Pennsylvania Provincial Council — on 
the sending of letters from East Jersey to England, 
which were prejudicial to the welfare of Pennsylvania. 394 

" — . — Fundamental Constitutions for the Province of East 

Jersey 39."> 

" — . — Letter of the Proprietors of East Jersey to the 

planters 411 

" 3Iay 2.".. — Letter from James Nevill to Governor William 
Penn, with account of Fenwicke 's grants of land in 
West Jersey 413 



coiitEis^'ts. XXI. 

i^age. 
1^83 — Jiine 11. — Commission from Governor William Penn, of 

Pennsylvania, to Commissioners to treat with West 

Jersey, with their instructions. . 4 ]."> 

" " 11. — Letter from Governor Penn to the Governor and 
Council of West Jersey, informing them of the ap- 
pointment of the Commissioners 417 

" " 20. — Letter from Governor Penn to the Governor and 
Council of West Jersey, acknowledging the receipt of 
a communication from them 4l'.» 

" March — . — Memorial from the people of Salem to Samuel Jen- 
nings, Governor, and the Council of West Jersey, 
asking for a confirmation of their grants 4l'1 

" July 18. — Proclamation of Governor Penn, of Pennsylvania, 

against the aiithority of Thomas Mathews 422 

" — . — Commission of Gawen Lawrie, to be Deputy Gov- 
ernor of East Jersey 423 

" July 20. — Instructions from the Proprietors to Deputy Gov- 
ernor Lawrie of East Jersey 420 

" Sept. 21. — Instructions for the lajing out of Perth Town in 

East Jersey . i?A 

" Oct. 22. — Letter from Governor Thomas Dongan, of New 
York, to Governor William Penn, relative to a 
rumored purchase of Captain Baker's interest in 
Governor Nicoll's patent 437 

" Nov. 23. — Letter from King Charles II. to the Governor and 
Council and Planters of EastJersey, confirmatory of 
their rights iinder him 438 

" — . — List of the Proprietors of East Jersey, and State- 
ment of the grant and confirmation of the King to 
the twenty- four Proprietors 441 

" Dec. 21. — Additional Provisions to the Constitution of East 

Jersey 443 

l(t84 — Jan'y 2. — Letter from the Proprietors in England to Deputy 
Governor Lawrie and Council in East .Jersey, relat- 
ing to Thomas Rudyard, Samuel Groom, &c 44<; 

" Feb. 20 to ^ — Agreement of the Proprietors of East Jersey, 

" Oct. 4. j respecting the taking up of land 4.">2 

" Feb'y 29. — Letter from the Proprietors of East Jersey to the 
Planters, expressing their hope that a due submission 
to their authority will be manifested 4."i4 

" March 10. — Letter from Sir John Werden to Governor Dongan. 
of New York — no part of New Jersey to be united to 
Pennsylvania •l."»7 

" " 15. — Letter from Charles II. to Edward Byllynge, Gov- 
ernor of West Jersey — Pirates ^i>^ 

" April 9. — Proceedings of Council at Fort James (New York), 

on Indian affairs ■ 458 



\X11. CONTENTS. 

l^age. 
1(!."^4 — Ang'st 1. — Iiisti'uctions to Deputy Governor Lawrie aud other 

Proprietors in East Jerse}^ 459 

'■ Ang'st 22. — Letter from Earl of Perth and other Proprietors of 
East Jersey to Governor Dongan — no wish to have 
the Province united to New York 403 

" — . — Account of shipment to East Jersey, in ICSli, by 

some of the Proprietors 404 

'■ — . — Account of the respective interests in the cai'go of 

ship Exchange, sent to East Jersey in August, 10.'^;'.. 400 

" May ;5. — Instructions from the Proprietors of East Jersey, 

relating to the setting out of land in their Province. . 470 

" Aug'st L'fJ. — Letter from the Duke of York to Governor Don- 
gan, relating to the exclusive trade of Hudson River. 47.") 

" Ang'st 27. — Letter from Sir John Werden to Governor Dongan, 
relating to Captain Billop's plantation on Stateu 
Island, and to lands on the Susquehanna River 4 70 

" Nov. l:'>. — Instructions to Deputy Governor Lawrie, relating 

to the taking up of land in East Jersey 470 

WS') — Feb'y 13. — Letter from Governor Dongan to the Earl of Perth, 
exculpating himself from charges of having acted 
prejudicially to the Earl's interests 4cS3 

" — . — Letter from Governor Dongan to Sir John Wer- 
den, relating to Staten Island and the Indian ti'ade. . 4sr) 

" April 6. — Letter from William Dockwra to Deputy Governor 
Lawrie and other Proprietors, informing them that 
he had been granted one thousand acres of land in 
East Jersey 480 

'* May 11. — Confirniation of former orders by the Proprietors 

of East Jersey 4SS 

" '• l.">. — Letter from the Mayor of New York to Sir John 
Werden, complaining of the detriment to New York, 
occasioned by the separation of Delaware and the 

Jerseys from it 4'.»| 

July .").— Order of the Proprietors of East Jersey for laying 
out of lauds, and censuring Thomas Rudyard and 
Gawen Lawrie t!l2 

" " l.">. — Order of Privy Council, on report of the Mayor of 
New York, as to the detriment to that Govei'nment by 
the separation of New Jersey and Delaware from it. ool 

'* Oct. 20. — Order of the Proprietors of East Jersey for an 

examination into the affairs of the Province 'tO'A 

" Nov. 17 ', — Testimony of Timothy Halstead, Samuel Denton 
to • and Josiah Lentin, relating to their interest in the 

lOSO— March .31. ) Elizabethtown grant 504 

" April 2!>. — Appointment of William ro3kwni, to be Agent for 

the Proprietors .lOO 



CONTENTS. XX 111. 

Pa-o. 
ltJ84 — April 13. — Agreement between 'William Penn and the Execu- 
tors of John Fenwicke, relative to certain lauds 507 

l(i.S(> — Mar. 2Ci to ) — Instructions from Earl of Perth and other Pro- 

" June i. ) prietors to Andrew Hamilton r)Of< 

" " 14. — The Proprietors in England to the Governor and 

C'ouncil of East Jersey ."ill 

" " 30. — Minutes of a Council at New York, relative to the 

line between East and West .Jersey ."i 1 7 

" Sept. 1. — Instructions from the Council at New York to 
Philip Wells, Surveyor General of New Y'ork, relative 
to the line between New York and East .Jersey ',[t^ 

" " 14. — Agreement between the Governors of East and West 
.Jersey to submit the dividing line of the Province to 
arbitration 5 ; ii 

" Nov. 11. — Position of the Forty first Degree of North Lati- 
tude on Hudson River 520 

" — . — Certificate of Governor Lewis Morris, relative to 

the line between New Y'ork and New .Jersey ."i^ 1 

KiSr — Jau'y 8. — Obligation of the Deputy Governor and Projorie- 
tors of West -Jersey, to abide by the determination of 
the arbitrators on the division line 522 

" " '• — Award of .John Keid and William Emley, ajjpointed 

to settle the line between East and West Jersey 523 

" Feb'y 22. — Governor Dongan's report on the state of the Prov- 
ince of New York, &c 524 

" April 2. — List of the Proprietors of East .Jersey, with their 

respective subdivisions 528 

" May 5 — Revocation of all Depiity Governor Lawrie's pow- 
ers in East .Jersey 531 

*• " — . — Petition of .Judge John Palmer to the King, for 

the remittance of a fine imposed on him 532 

" " — . — Petition of the Proprietors of East .Jersey to the 
King, relating to the seizure of a vessel at Perth Am- 
boy by the Governor of New York 533 

" .June — . — Representation and Proposals of the Propi'ietors of 
East .Jersey, relative to a free port and a Govern- 
ment separate from New Y'ork 535 

" Aug'st 14. — Order creating New Perth, in East Jersej^ a jiort 

of entrj' 540 

*' Sept. 24. — Letter from Governor Barclay and the Proprietors 
of East .Jersey, in England, to the Deputy Governor 
and Council, confirming the authority of Andrew 
Hamilton as Deputy Governor 541 

" Dec. 13. — Instructions to Matthew Plowman, Collector of the 
Customs at New York, as to permitting vessels to go 

direct to New Y'ork 543 

Index 345 



i^EW JERSEY 
COLONIAL DOCUMENTS. 



Patent to Samuel Godyn and Samuel Bloemmiaert for the 
East Side of Delaware Iiiver, 7iow Cajje May County, 
New Jersey. 

[From New York Colonial Documeuta, Vol. XII., page 17.] 

We, Director and Council of New-Netherland, residing 
on tlie Island of Manhattan at Fort Amsterdam, nnder 
the jurisdiction of Their Noble High Mightinesses, the 
Lords-States-General of the United Netherlands and tlie 
Incorpoi-ated West-India Company, Department of Amster- 
dam, attest and declare herewith that to day, date under- 
written, appeared Peter Heyssen, skipper of the ship 
"Walvis,"at present lying in the South river, and Gillis 
Ilosset, commissary on the same, who declare, that on the 
5*** day of May, last past, before them appeared personally, 
Sawowouwe, Wuoyt, Pemhake, Mekowetick, Techepewoya, 
Mathamek, Sacoock, Anehoopoen, Janqueno and Pokahake, 
lawful owners, proprietors and inhabitants of the east side 
of Goddyn's East bay, called Cape de Maye, who for them- 
selves in proportion of their own shares and for all the 
other owners in regard to tlieir shares of the same land, 
declared of their own accord and deliberately in their said 
quality, to have transported, ceded and conveyed as lawful, 
unalienable and free property by virtue and title of sale 
and in consideration of a certain quantity of goods, which 
they, the conveyors, acknowledge in their said cpiality to 
have received and accepted before the passing of this con- 
tract, and they herewith transpoit, cede and convey, to and 
in behoof of the Noble Honorable Samuel Godyn and 
Samuel Ploemmaert (who are absent and for whom they 
had accepted the hereafter described land subject to the 
usual reservation) to wit. : the east side of Godyn's bay or 



2 NEW JERSEY COLONIAL DOCtMENTS. 1.1^*31 

Cape (le May, reacLiiii;' 4 miles from tlie said cajie to- 
wards the bay and 4 miles along the coast sonthward, 
and another 4 iniles inland, being 16 sqnarg miles, 
with all interests, rights and ]>rivileges, which were vested 
in themselves in their aforesaid qnality, constituting and 
delegating the aforesaid purchasers in their own stead as 
real and actual owners thereof and giving and surrendering 
at the same time to their llonoi's, full, absolute and irrevoc- 
able power, authority ami special charge, that tamquain 
aclores H 2^1'ocuratores in rem pro2'>riam the ]Srol)le IMessrs. 
Godyn and P)loemmaert or those, who might hereafter re- 
ceive their property, enter upon, possess in peace, inhabit, 
cultivate, keep, use, do with, trade and dis])ose of the afore- 
described land as they would do with their own inlu'rite<l 
lands and fiefs, without that they, the conveyors shall have, 
reserve or keep in the least degree any particle of claim, 
right or privilege thereon be it of ownership, authority or 
jurisdiction, but for the behalf as aforesaid they herewith 
entirely and ab-olutely desist from, give up, abandon and 
renomice it now and forever, promising further not only to 
keep, fultill and execute firmly, inviolately and irrevocably 
in infinitum this, their contract and what might be done 
hereafter on the authority thei-cof, but also to deliver the 
said tract of land and keep it fi-ec against every body, from 
any claim, challenge or incumhrance Mdiich any body might 
intend to create; as well as to have this sale ami convey- 
ance approved ami confii'med by Ihe remaindei' of the co- 
owners, for whom they are trustees; all this under the ob- 
ligations required by law, in good faith, without evil 
iiitent or deceit. In testimony whereof this has been con- 
firmed by our usual signatni'e and our seal appended thereto. 
Done on the aforesaid island of Manhattan, at Fort Am- 
sterdam, the 8*1 of June, A" 1G31 1 

1 Tliis p.Ttoiit ;iii(l one for hind tin tlio siiutli .side (iftlio bay. Wore issiiod liy Pctor 
Miniiit, wliilo Dirciitor of Now Niitliciland, and is the only doc.iniiont found in Uolland 
by Air. r.rodlidad, an liaving come down to the imisont, tiiiio from tlio West Uidia ('<ini- 
pany, the rest liaving been sohl as waste jiapov. Sec noto of U. FiMnow, N. Y. Col. 
Doc'ts, Vol. NIL, p. 17, and N. Y. Col. Docts, Vol. I., p. \:\. Kn. 



1004] iPATfelsTT TO .TAMES, DUKE OV YORK. 



Patent from King Charles II. to James, Dule of Yo7'Jc, 
for tract of land in New England, including New 
Jersey. 

[From an cxoniplifipd Copy, niado for .Joliii Feiiwick, in the New Jersey Historical 
Society Lil)rary.] 

C^avoUt.^i ^ ^f rcunrtusi ^n Jivatia Anglie Scotie francie & 
liihiiic Rex iidei defensor c^:c Omibiis ad qnos p'scntes 
littere' perve'ii''iiit sartni. Iiispeximiis Irrotulamen qiiasdam 
I'ras n'ras paten' sub magno Sigillo n'ro Anglie' sigillat' 
geren' dat' a])nd Westni' duodecimo die Marcij Anno regni 
n'ri sexto decimo p'charissimo fratri n'ro Jacobo Duci Ebor' 
confect' in rotul Cancellar nre' p'dre irrotulat at ebm de 
recordo remanen in liec vei"ba Charles the second by the 
grace of Gode tfec To all to whonie these p'sents shall 
come greeting knowc yee that wee for divers good causes 
& considerat'ons vs therevnto moveing have of our espe- 
c'all grace certaine knowledge & meere mot'on given tt 
granted and by these p'sents for vs, our heires cV: Succs- 
sors doe give vfe grant vnto our dearest Brother James 
Duke of yorke his heires & Assignes all that })art of the 
Mayne land of New England begin'ing at a certaine ])lace 
called or-knowne by the name of St. Croix next adioyning 
to new Scotland in America and from thence extending 
along the Sea Coast vnto a certaine place called Pemaquie or 
Pemaquid, and soe vpp the River thereof to the furthest 
head of the same as it tendeth Northwards and extending 
from thence to the River of Kinebeqine and soe vpwards 
by the shortest course to the River Cannada Northwards 
And alsoe all that Island or Islands comonly called by the 
severall name or names of Mattowacks or Long Island 



1 The copy from which this w.ia taken is beantifiiUy engrossed on parchinoni, not 
only having an engraved portrait oftlie King, encircled by the lettc^r V, ot'liis name, 
but also an ornamental engraved border surrounding the whole document. As will 
be observed, it is entirely devoid of pnnctuntion. En. 



-4 NEW .TKRSEY COT.OXIAI, DOri'MENTS. [IM-i: 

scituate Lying & Leing towards the west of Cape Codd & 
the Narrohigaiisetts abutting vpon tlie Maine land betweene 
the two Rivers there called or hi\owne by the severall 
names of Concctecntte cV: hudsons River togeather alsoe 
with the said River called hudsiiiis River and all the land 
from the West side of Conectecntte River to the East side 
of Delaware Ray and alsoe all those seu^all Islands called 
or knowne by the names of Martin AMnyards & Nantnkes 
otherwise iS'antnket togeather with all the lands Islands 
Soyles Rivers harbours Mynes Mineralls, (^uai-ries 
Woods Marishes Waters lakes tishings hawking hunt- 
ing S: fowling and all other Royalties ])rotitts commodities 
A: hereditaments to the said severall Islands lands c'v: ])'m- 
isses belonging & apperteyning with their and every of their 
app'ten'nces and all our estate right title Interest benetit 
advantage clayine c^ demand of in or to the said lands 
& p'misses or any parte or p'cell thereof and the revert'on 
& revert'ns remainder A: remainders togeather with the 
yearly ife other the rents I'even'ues tfe p'fitts of all Sc 
singuler the said p'misses and of every part & ])areell 
thereof To have & to hold all tV singuler the said lands 
Islands hereditaments it p'misses with their S: every of 
their ap])'ten''nces hereby given c^c granted or hereinbefore 
mentioned to bee given & granted vnto our said dearest 
brother James Duke of yorke liis heires iV: assignes for- 
ever To the onely p'i)er use & behoofe of the said 
James Duke of yorke his heii'es <Sc assignes forever 
To be holden of vs our heires ct Successors as of our 
Mannor of l^^ast (irreenwich in our (^)unty of Kent in five 
& com'on soecage it not in ('apite or by Knights service 
yeelding iVr rendring and the said James Duke of yoi-ke 
doeth for himself his heires it assignes covenant it ])i-om- 
ise to yeeld it i-eiidei- vnto vs our heires it Successors of it 
for the same yearly it every yeare fortie Reaver Skinnes 
when they shall be demanded or within ninety dayes after 
And we doe further of our esj)eciall grace certaine knowledge 
it meere mot'oii lor us oui- hcii-es it Successors give it gi'ant 



1664] PATENT TO JAMES, DUKE OF YORK. 6 

vnto our said dearest brother James Duke of yorke his 
heires Deputies Agents Comissioners & Assignes by 
these p'seuts full & absolute power & authority to correct 
punish pardon g-overne & rule all such the Subiects of vs 
our heires and Successors as shall from time to time adven- 
ture themselves into any the ]iarts or places aforesaid or 
that shall or doe at an3' time hereafter inhabit within the 
same according to such Lawes Orders Ordinances direc- 
t'ons & instruments as by our said dearest Brother or his 
Assignes shall be established And in defect thereof in cases 
of necessity according to the good descret'ons of his depu- 
ties, Comissionei's Officers or assignes respectively as well 
in all causes and matters Capitall ik Crirainall as civill, 
both marine & others Soe alwaies as the said Statutes 
ordinances & proceedings bee not contrary to but as neare 
as conveniently may bee agreeable to the Lawes Statutes & 
governm't of this our Realme of England Arid saveing & 
reserving to vs, our heires & Successors the receiving hear- 
ing & determining of the Appeale & Appeales of all or any 
person or persons of in or belonging to the Territories or 
Islands aforesaid or in or touching anv Judgem^ or Sen- 
tence to "be there made or given And further that it shall 
A: may be lawfull to c^ for our said dearest brother, his 
heires & assignes, by these p'sents, from time to time, to 
nominate make constitute Ordeyne & confirme by such 
name, or names Style or Styles as to him or them shall 
seeme good And likewise to revoke discharge change iSz 
alter as well all & singular Governors Officers & Ministers 
w*^*^ hereafter shal be by him or them thought iitt & need- 
full to bee made or vsed within the aforesaid 2:)arts & 
Islands And alsoe to make ordeyne & establish all man- 
ner of Orders Lawes direct'ons Instruct'ons formes & cer- 
emonies of Governm* & Magistracy fitt & necessary for & 
conc'ning the Governni* of the Territories & Islands afore- 
said Soe alwaies as the same be not contrary to the Lawes 
& Statutes of this our Eealme of England but as neare as 
may be agreeable therevnto and the same at all times herq- 



6 NEW JEKSEY COLONIAL DOCUMENTS. [l''^^^ 

after to })utt in execnt'on or al)roo;ate revoke or cliange 
nut t>nly within the |)V*incts of the said Tcri-itories or Is- 
LukIs Ijut alsoe upon the Seas in goeing c^ conieing to c'v: fi'om 
tlie same as he or they in their good descret'ons shall thinhe 
to hce fittest for the good of the Adventurers tfe Inhabitants 
there And wee doe further of our especiall gi-ace cei-taino 
knowledge & meer niot'on grant ordeine cV: declare that 
such Governors Othcers & Ministers as from time to time 
shall be authorized & appointed in manner & forme afore- 
said shall & may have fall power & authority to vse & ex- 
ercise Marshall Lawe in cases of Kebellion insurrec'on & 
mutiny in as large & ample manner as our Lieutenants in 
our Counties within our llealme of England have or ought 
to have by force of their com'ission of Lieuten'ncie or any 
Law or Statute of this our Realme And wee doe further 
by these ])\sents for us, our lieires & Successors, grant vnto 
our said dearest l>rotlier James Duke of yorke his heires 
& assignes that itt shall A: may be lawful to c'e for the said 
James Duke of yorke his heires & assignes in his or their 
discret'ons from time to time to admitt such & soe many 
person & p'sons to ti'ade c^: tratRcjue vnto & within the Ter- 
ritories & Islands aforesaid and into every or any part & 
p'cell thereof And to have possesse & enioy any Lands or 
hereditam'^ in the parts & places aforesaid As they shall 
thiidce titt according to the Lawes Orders Constitut'ons 
and Ordinances by our said brother, his heires deputies 
Com'issioners & assignes from time to time to bee made 
and established by vertue of & according to the true intent 
& meaneing of these presents, and vnder such condit'ons 
reservat'ons and agreements as our said brother his heires 
or assignes shall set downe order direct and appoint and 
not otherwise as aforesaid. And wee doe further of our 
especiall grace cerlainc knowledge c^ nieere niot'on foi- vs 
our heires and Successors give and grant to* our said deare 
Brother his heires and assignes by theis presents that it 
shall and may bee lawfull to A: for him them or any of them 
att all and every tynie and tynies hereafter out of any our 



1G64] PATENT TO JAMES, DUKE OF YORK. 7 

Tiealtues or dominions wliatsoevoi- to take leade carry and 
ti-ansport in and into their voyai^es and for and towards tlie 
Plantac'n our said Teri'itories and Islands, all sucli and soe 
many of our lovino- Subiects or any otlier straugers being 
uo-t prohibited or vndcr restraint that will becouie our 
loving Subiects aud live vnder our allegiance as shall wil- 
lingly accompany them in the said voyages togeather M'ith 
all such Clothing Implements furniture and other things 
vsually transported and not prohibited as shall bee necessary 
for the Inhabitants of the said Islands & territories and 
for their vse and defence thereof and mannageing and 
carrying on the Trade with the People there and in 
passing and returning to and fro yeelding & paying to vs 
our heires & Successors the Customes and duties therefore 
due & payable according to the Lawes and Customes of 
this our Rcalnic And wee doe alsoe for vs our heires & 
Successors, graunt to our said dearest Brother James Duke 
of yorke his heires and assignes and to all and everj^ such 
Governor or Governors or other Officers or Ministers as 
by our said Brother his heires or Assignes shall be appoint- 
ed to have Power and authority of Government and Com- 
'and in or over the Inhabitants of the said Territories or 
Islands that they and every of them shall and lawfully may 
from tyme to tyme and at all times hereafter forever for 
their severall defence and safety encounter expulse repell 
and resist by force of amies as w^ell by Sea as by land and 
all wayes and nieanes whatsoever all such person & persons 
as without the speciall Licence of our said deare Brother 
his heires or assignes shall attem[)t to inhal)it within tlie 
severall precincts and Limits of our said Territories and 
Islands And alsoe all and every such person and persons 
whatsoever as shall enterprise or attempt at any time here- 
after the destruct'on invasion detriment or annoyance to the 
l)arts places or Islands aforesaid or any parte thereof And 
lastly our will and pleasure is and wee doe hereby declare 
& grant that these our letters patents or the Inrollment 
thereof shall bee good and elfectuall in tlie lawe to all 



8 NEW JERSEY COLONIAL DOCl'MENTS. [16f)-i 

intents & purposes whatsoever Notwithstanding the not 
reciteing or ment'oning of the p'liiisses or any parte tliere- 
of or the meets or bounds tliereof or of any former or other 
letters j^atents or Grants heretofore made or granted of tlie 
p'misses or of any part thereof by vs or of any of our 
])r(>genitors viito any other person or persons wliatsoever 
Bodies politique or corporate or any act la we or other 
restraint incerteinty or imperfeet'on whatsoever to the con- 
trary in any wise notwithstanding Although expresse 
ment'on Arc In witness <S:c Witnesse ourselfe at West- 
minster the tM'elfth day of March in the sixteenth yeare of 
our reigne pip'm llegem Nos antem tenorem L'rarum 
paten p'decau ad requisito'em Johannis Fenwick Armi- 
geri duximus exemplificaud per presentes In cujus rei 
Testimoniu'm has L'ras nr'as lieri fecimus paten Teste 
meip'o apud Westm' quinto decimo die Junij Anno regni 
nostri vicesimo septimo 

( Lacon W" Glitch ) • r^ -,•, i, 
T7, , ) , f in Can cellar. K 

Lxammat. per nos -^, et > v 

] rp 1/ I anghs 

( illO. hsTKOMB ) ^^ 



Zeasefrom Jaines, Duke of York, to John, Lord Berkeley, 
and Sir George Carteret, for Neio Jersey. 

[From Ongiual in Now Jersey Historical Society Library.) 

%\\\% JlUkntUlt made the Three ifc Twentith day of 
June in the Sixteenth yeare of the Reigne of our Sovereigne 
Lord Charles the Second by the Grace of God of England 
Scotland ffrance and Ireland King Defender of the Faith 
Arc Anno Dni IGG-i Betweene his Iloyale highnesse James 
Duke of Yorke and Albany Earle Vlster Lord high Ad- 
mirale of England and Ireland &c Constable of Dover 



1.664] LEASE TO BERKELEY AND CARTERET. 9 

Castle Lord Warden of the Ciii(|ue Ports and Governour of 
Portsmouth of the one part John Lord Berkeley Baron of 
Stratton and one of his Ma'ties most hono^^'" Privy Connsell 
and S'' Georoje Carterett of Saltrnm in the County of Deven 
Ken* and one his Ma"'^^ most lion'''*' Privy Counsell of the 
other part WitWC.S'.SftU that the said James Duke of Yorke 
for and in considerat'on of the summe of Tenn Shillings of 
Lawful! money of England to him in hand payd before the 
Sealing and Delivery hereof by the said John Lord Berke- 
ley and S"" George Carterett the receipt whereof the said 
James Duke of Yorke doth hereby acknowledge and there- 
of doth acquitt and discharge the said John Lord Berkeley 
and S"" George Carterett for ever by these pre'tes. ^atll 
bargained and sold and by these pre'tes pre'tes doth bargain 
and sell unto the said John Lord Berkeley and S"" George 
Carterett ^U that Tract of Land adjacent to New England 
and Lying and being to the Westward of Long Island and 
Manhitas Island and bounded on the East part by the Maine 
Sea and part by Iludsons River and hath Ypon the AVest 
Delaware Bay or Piver extendeth Southward to the Maine 
Ocean as farre as Cape May at the mouth of Delaware Bay 
or River of Delaware which is in fourty one degrees and 
fourty minutes of Lattitude and Crossetli over thence in a 
Straight Line to Iludsons River in fourty one degrees of 
Lattitude which said Tract of Land is hereafter to be called 
by the name or names of ]S^ew Cesarea or New Jersey and 
also all Rivers -mines mineralls Woods fishings haM'king 
hunting and fowling and all other Royalties proffitts como- 
dities and hereditam'^* whatsoever to the said Lands and 
premisses belonging or aperteyning with their and every 
of their apertenences and the Revercon and Revercons 
Remainder and Remainders thereof ©0 Uavc and to hold the 
said Tract of Land & premisses with their and every of 
their appurtenenses vnto the said John Lord Berkeley & 
S'' George Carterett from the first day of May Last past 
l)efore the date hereof vnto the full end and Terrae of one 
whole yeare from thence next ensueing and fully to be 



10 NEW .JKRSKV COLONIAL DOCUMENTS. [1664 

Con)[)leate& eiulcd Yeilding and paviiiij;" tliereforc vnto the 
said James Duke of Yorke his lieires uiid assigues the rent 
of a pei)per coriie vpon the Feast of tiie nativity of S*^ John 
Baptist next ensueing the date hereof (only if tlie same 
shall bee Lawfully demanded In Witnes whereof the par- 
ties afoi'esaid to these i)i"e'te Indenture have enterehang- 
ahly sett their hands and scales the day and yeare first 
above written. 

[on the Ijuck.] 

Sealed & deUvered in the 
presence of W"' Coventrye 
Tho: Ilavwood. 




Release from James, Dahe of York, to John, Lord Berke- 
ley, and Sir George Carteret, for New Jersey. 

[From Original in New Jersey Uistorieal Society Library.] 

%\)S$ ^jnrtCtttUre INfade the fibure ct Twentyeth day of 
June in tlu' Sixteenth yeare of Tlie Ueigne of our Sovereigne 
hord Caiii.ts the Second by the Grace of God of Englaiul 
Scotland llVance and Ireland King Defender of the ffaith 
c^c Anno(] Dni 1664 Hetweene his Koyall Ilighnesse James 
Duke of Yorke and Albany Earle of Ylster Lord High 
Admirall of England and Ireland Constable of Dover Cas- 
tle Lord "Warden of the CiiKpie Ports and Governoiir of 
Portsmouth of the one part John Lord Berkeley Baron of 
Stratton and one of his Ma"''^ most Ilorio''''^ Privy Counsell 
and S"" George Carterett of Saltrum in the Count}' of 
Deven Iv'nt And one of his Ma'ties most bono''"' Privy 
Counsel of the other j^artt ^Vhcvca.$' his said Ma"*' King 
Charles the Second by his Letters Pattents Ynder the 



IGOJr] kp:lease to bekkeley and carteket. 11 

great Seale of England bearing Date on or al)ont the 
Twelfth day of March in the Sixteenth yeare of his said 
Ma*'*^* Reigne Did for the Considerac'ons therein nienc'oned 
give and Graunt vnto his said Iloyall Ilighnesse James 
Duke of Yorke his heircs and assignes ^U that part of the 
Maine Land of New England beginning at a (Jertaine place 
called or known by the name of S* Croix next adjoyning 
to New Scotland in America and from thence extending, 
along the Sea Cost vnto a Certaine place called Pemacpiide 
or Pemaquid and soe by the liiver thereof to the furthest 
head of the same as it Tendeth Northward and extending 
from thence to the River of Kimboqui and soe vpwards by 
the Shortest Course to the River Cannada Northwards 
And alsoe all that Island or Islands com'only Called by the 
Severall name or names of Matowacks or Long Island 
Scitnate and being Towards the West of Cape Codd and 
the Narrow Higansetts abutting upon the Mayne Land 
betweene the Two Rivers there called or known by the 
severall names of Conectocutte and Iludsons River To- 
gether also with the said River Called Iludsons Rivei- and 
all the Land from the West side of Conectocutte River to 
the East side of Delaware Bay and also Severall other 
Islands and Lands in the said Letters Pattents nienc'oned 
Together with the Rivers Harbours Mines Mineralls 
Quarries Woods Marshes waters Lakes ffishing Hawking 
Hunting and ffowling and all other Royalties prothts, 
Com'odities and Hereditaments to the said severall Islands 
Lands and premisses belonging and [appertaining] ®o \\\\vt 
and to hold the said Lands Island hereditaments & premisses 
with their and every of their appnrten'nces vnto his said 
Uoyall [Highness James] Duke of Yorke his heires and 
assiirnes for ever To be holden of his said Ma"^ his heires 
and Successors as of the Mannor of East Greenwich in the 
county of Kent in free and com'on Soccage Yeilding and 
Rendring vnto his said Ma"*-' his heires and Successors of 
and for the same yearely and every yeare fonrty Reaver 
Skinnes when they shall l)ee demanded or within Ninety 



12 NKW JERSt:y colonial DOCrMKNTS. [1664 

Dayes after witli divers other grauiits clauses provisoes and 
agreements in the said Recited Letters Pattents Coiiteyned 
as by the said Letters Pattents rehicon being therevnto 
luid it doth and may more ])hiiiily and at Large a])peare 
giOUf tHi$ ^jnrtCUtUrC IVitnC^SCtll that his said Koyall Jligh- 
nesse James Duke of \ orke for and in Consideracon of a 
Comj)etent Sum'e of Good and Lawful! money of England to 
his said Royal Ilighncsse James Duke of Yorke in hand 
payd by the said John Lord Perkeley and S"' George Car- 
terett before the Sealing and Delivery of these pre'tes the 
receij)t whereof the said James Duke of Yorke dothe here- 
by acknowledge and thereof doth acqnitt and Discharge 
the said John Lord Berkeley and S' George Carterett for 
ever by these p'sents Path Graunted Bargained sold released 
and Continued and by these p'ntes Doth graunt Bai'gaine 
Sell release and Confirmo vnto the said John Lord Berke- 
ley and S*" George Carterett their lieires and assignes for 
ever ^U Tiuit Tract of Land adjacent to Xew England and 
lying and being to the Westward of Long Lsland and Man- 
hitas Island and Bounded on the East part by the maine 
Sea and part by Ilndsons River and hath upon the West 
Delaware Bay or River and extendeth Southward to the 
maine Ocean as farre as Cape May at the mouth of Dela- 
ware Bay and to the Northward as farre as y® "Northermost 
Branch of the said P)ay or River of Delaware ^\'hich is in 
fonrtie one degrees and fourtie Minutes of Lattitude and 
Crosseth over thence in a Straight Line to Hudsons River 
in fourty one degrees of Lattitude which said Tract of 
Land is hereafter to be called by the name or names of 
New Cesarea or New Jersey and also all Rivers mines 
miueralls woods fishings hawking hunting and fowling and 
all other Royalties i)rothtts (^»m'odities and hereditaments 
whatsoever to the said Lands and ju'emisses belonging or 
any wise a]ii)erteyiung M'ith their and eveiy of their appur- 
ten'nces in as full and ample Maimer as the same is graunt- 
ed to the sayd Duke of Yorke by tlie before recited Letters 
Pattents and all the Estate Right Title interest benetitt ad- 



I6f)4] RELEASE TO BETJKET-EY AKD CARTERET. 13 

vantage clayiiie and Demand of the said James Duke of 
Yorke in or to tlie said .... and premisses or any 
part or parcell thereof and the Revere' on and Revere'ons 
Remainder and Remainders thereof All which said Tract 
of Land and premisses were by Indenture bearing [date the] 
day before the date hereof bargained and sold by the said 
James Duke of Yorke vnto the said John Lord Berkeley 
and S'' George C^arterett for the Terme of one whole yeare 
To com'ence from the first day of May Last past before the 
date thereof vnder the Rent of a pepper Corne payable as 
therein is menconed as by the said Deed more plaiidy may 
api^eare By fiorce and [virtue] of which said Indenture of 
Bargaine and Sale and of the Statute for Transferring of 
Yses into possession the said John Lord Berkeley and S"" 
George Carterett are in actual! possession of the [said] 
Tract of Land and premisses and enabled to take a graunt 
and Release thereof (the said Lease being made to that end 
and purpose 5v0 have \\m\ to hohl all and Singular the sayd 
Tract of land and premisi^es with their and every of their 
app'ten'nces a-nd every part and parcell thereof vnto the 
said John Lord Berkeley and S'" George Carterett their 
heires and assignes [for] ever to the only Yse and behoofe 
of the said John Lord Berkeley and S"" George Carterett 
their heires and assignes for ever '^ciltUnj^ and Rendring 
therefore vnto the said James Duke of Yorke his heires 
and assignes for the sayd Tract of Land and premisses yeare- 
ly and every yeare the su'nie of Twentie Nobles of Lawfull 
money of England if the same shall be lawfully denumded 
at or in the Inner Temple Hall London at the feast of 
S' Michaell the Arehangell yearely ^ud i\\t ^l\U\ John Lord 
Berkeley and the said S'' George Carterett for themselves 
[and] their Heires Coven'nte and graunt to and with the 
said James Duke of Yurke his heires by these pr'tes that 
they the said John Lord Berkeley and S'" George Cai-terctt 
their heires and assignes shall and will well and truly pa}' 
or Cause to be payd unto the said James Duke of Yorke 
his heii-es and assio-ues th(! said vearelv rent of Twenty 



14 NEW JERSEY COLONIAL DOCUMENTS. | 1004 

Nobles at such time and place and in snoli manner and 
forme as l)cfore in these presents is expressed and declared 
3lu '^Vitnri5' whereof the ])arties aforesaid to these present 
Iii(U'ntui-es have Intcrehaiigahle sett their hands and scales 
the day and years iirst above | wi-itteii j 

[l\[ay it] ])lease your Hoyall James 

[Highness] This Containes jonr 
I riiij^hnesses] o;rant of New 
[(Vsarea or| New Jersey vnto 
[Lords Berkeley and Cai'teret] 



(On the back.l 

Si^-ned Sealed ct Delivered in the 
})resence of W" (/oventry(! 
Tho- Ileywootl 



Application for ElbuthethUnvn Grant. 

fFioiii Giants and (Concessions, ]). Cfi8.] 

To the liii^'lit Honourable Colonel Richard Nicolls Esq ; 
Goveriuu- of Neio York, &c. The humble Petition of us 
subscribed, Shcweth. 

That several of us your Petitioners, being intended 
formerly to have purchased and settled a Plantation upon 
the River called after Cull ^ River, before your arrival into 
these Parts, our Intentions notwithstanding our making some 
way with the Indians, and charges and expences, abont the 
Premises, was obstructed by the then ruling Dutch, and 
some of us by reason of not having any Accommodations 
here were put upon thoughts of removing into some other 

1 Subsequently known as " Arthur Cull Sound." The term used in the document 
is a corruiition.niMl(nil)t<<lly ol' Achtcr Kol, hy wliich the land west of the "Kill van 

Kiill •' was at Iirst (l<'si;j;nnte(l. Kn. 



1664] ELIZABETnTOWN GRANT. 15 

of his Majesty Dominions, but now upon this yonr happy 
arrival and the Decease of tlie Dutch Interest we wouhl 
gladly proceed in the Design aforesaid ; In order where- 
unto we make bold with all Humility to Petition to your 
Plonour, that you would grant us Liberty to i)urthase and 
settle a parcel of Land to improve our Labour upon in tlio 
lliver before mentioned, and some of us l)eing destitute of 
Habitations where we are, we crave your AnsAver with as 
much Expedition as may be ; we humbly take our Leaves 
at present and subscribe your Honours to Command. 

From Jamaica, commoidy so called September 2^, 166-t 

John Bailies [Bailey] 
Daniel Denton 
Thomas Benedyck 
Nathaniel Denton 
John Foster 
Li'KE Watson 

Upon perusal of tliis Petition I do consent unto the Pro- 
posals, and shall give the undertakers all due Encourage- 
ment in so good a Work, given under \\\y Hand in Fort 
James, this 30"' of Septcmher, 166-1 

Richard Nichols [Nicolls] 

A true Copy extracted out of Elisabeth-Town Book, 
of Record, N'' A, folio 11, this 21th of July, 17<>S 

per Samuel AViiitehead Town (.'lerk 



Indian Deed for EUsahethtown Grant. 

[From (irnnts and ('onroasions, p. tlOQ.J 

Tnis Indenture made the 28"' Day of October in the Six- 
teenth Year of the Reitrn of our Sovereiirn Lord Charles 



16 NEW .TKRRET COT.OKTAL DOCI'MENTS. [1^>C4 

tlie Second, by the Grace of God of England, Scotland, 
France and Ireland, Kinir, Defender of the Faith &c. 
between Mattano Manamowaone, and Coioescomen, of 
Staten- Island, of the one Part, and John Baily, Daniel 
l)e7iton, and Luhe Watson of Jamaica, in Long-Island 
Hnsbaiuhnen, on tlie otlier Part. Witnesseth, tliat the 
said Mattano, Manamowaone, and Coioescomen, liath clearly 
barij^ained and sold nnto the said John Baily, Baiiicl Den- 
ton, and laJce Watson, their Associates, their Heirs and 
Execntors, one Parcel of Land Bonnded on the South by a 
E.iver commonly called the liaritons River, and on the 
East by the River which Parts Staten-Island and the Main, 
and to run Northward up after Cull-Bay, till we come at 
the tii'st Rive'r which sets Westwards up after Cull-Baj', 
aforesaid, and to run West into the Country twice the 
Length as it is broad from the Xorth to the South of the 
aforemention'd Bounds ; together with the Lands, Meadows, 
Woods, Waters, Fields, Fences, Fishings, Fowlings, with 
all and singular the Appurtenances with all gains profits 
and Advantages arising upon the said Lands, and all other 
the Premises and Appurtenances to the said John Bally, 
Daniel Denton, and Lul-e Watson, with their Associates, 
M-ith their and every of their Heirs, Executors, Adminis- 
trators or Assigns, for ever, To have and to jiolo the 
said Lands with the Appurtenances to the said John Baily, 
Daniel Denton, and LuJce Watson, with their Associates, 
their Executors, or Assigns. And the said Mattano, 
Manamoioaone, covenant, promise, grant and. agree to and 
with the said John Baily, Daniel Denton, and Luke Wat- 
son, and their Associates, their Heirs and Executors, to 
keep them safe in the Enjoyments of the said Lands, from 
all expulsion and incumbrances whatsoever, may arise of 
the said Land, by any Pei-son or Persons by reason of any 
Title had or growing befoi'o the Date of these Presents : 
For which bargain and sale, covenants, grants and agi'ee- 
ments in the behalf of tlio said Mattano, Manamowaone, 
and Cowescoincn, to be performed ol)served and done the 



166-1-] ELIZABETHTUWN GRANT. " 17 

aforesaid Parties are at their entry upon the said Land, to 
]m_v to the said Mattano^ Manaiaowaone., and Cowescomen^ 
Twenty Fatlioni of Trading CUoth, two jnade Coats, two 
(iruns, two Kettles, Ten l]arrs of Lead, Twenty ITand- 
fuls of PoM'der. And further the said John Bally ^ Daniel 
Denton^ and Luke ^YaUon^ do covenant, ])roniise grant, 
and agree to and Avith the said Mattano Manamowaone^ 
and Coivescomen the aforesaid Indians, four llun(h'ed 
Fathom of white Wampum after a Years Expiration from 
the Day of the said John Baily^ Daniel Denton, and 
Luke Watso)is entry upon the said Lands. In Witness 
whereof we liave hereunto put our ILinds and Seals the 
Day and Year aforesaid 

The Mark of Mattano .-..^-^^-.^^-.^-..y^^ 
The Mark of Seuakhekos J\f 
The Mark of Warinanco ..^^^-vx^-^^-v.. 

SignVl, Seal'd and delivered in the Presence of us 

CUAKLES IIORSLEY 

The mark of Randle IIowett 
R 



Confiniiat'wn of the Purchase of the Elizahethtown Tract 
from the Indians. 

[From "Grants and Concessions," p. 671.1 

Governor Xicolls' grant for land in New^ Jersey '■* 

TO all to wdiom tliese Presents shall come, I Richard 
NicoUs, Esq: Governor under his Royal .ITiglmess the 

1 Although giinied by three Indians, only one of the names corresponds with those 
given as those of the grantors in the body of the deed, and he, Mattano, had already, 
in 1651. parted with his intere.st in the lands to Augustine Herman. See "Ea-t Je.sey 
Under the Propiietary Governments," lid Edit., p. "21. Ed. 

2 This grant occasioned for many years great disorder in the province. Having 
been given by Governor Nicolls, after the Duke of York had granted Kew Jersey to 
Lords Berkeley and Carteret, the rights of Baker and his associates were contested by 
those claiming through them, and the litigation that ensued was not ended when the 
war of the Revolution commenced, and put an end to all such controversies. The 
• ' Elizahethtown Bill in Chancery," printed in 1747, and the ' Answer ' thereto, printed 
in 1759, throw all needfid light on the subject. Ed. 



18 ' NEW .i?:rsey coloxial documents. [1604 

Diike of York, of all liis Territories in America send 
greeting, 

Whereas there is a parcel of Land -within my Govern- 
ment Avhicli hath heen purchased of Mattano, Manamo- 
waone and Coweseomon, of Staten Island, by John Baily, 
Daniel Denton, and Luke Watson, of Jamaica, in Long- 
Inland^ for a consideration expressed in a certain Deed of 
indenture, bearing date the Twenty eighth day of Octoher 
last, wherein the said Parcel of Land Avas made over unto 
the said John Baily, Daniel Denton and Luke Watson, 
and their Associates, their and every of their Heirs, Execu- 
tors, Administrators or Assigns, for ever, as in the said 
Deed, relation being tliereunto had, more fully and at large 
doth and may ap})ear : Now to the End the said J.ands 
may the sooner be planted, inhabitted and manunnl, I have 
thought lit to give, confirm and grant, and by these Presents 
do give, confirm and grant unto Captain John Baker, of 
Ne%(i York, John Ogden, of North-Hampton, John Baily, 
and Luke Watson, of Jamaica on Long-Lsland, and their 
Associates, their Heirs, Execntors, Administrators and 
Assigns, the said Parcel of Land Bounded on the South, 
by a lliver commonly called the Pariton River, on the East 
by the Sea which Parts Staten-Island and the Main, to run 
Northward up after Cull-Bay, till you come to the first 
Kiver M-hich sets Westwards out of the said Bay, and to 
run West into the Country twice the length of the Breadth 
thei'eof f rom the North to the South of the aforementioned 
Bounds, together witli all the Lands, Meadows, Pastures, 
Woods, AVaters, Fields, I'ences, Eishings, Eowlings, with 
all and singular the Aii])urtenances, with all (lains. Profits, 
and Advantages, arising or that shall arise upon the said 
Lands and Premises. To have and to hold the said 
J^ands and A})purtenances to the said C^apt. Jidin Baker, 
John Ogden, John Baily, and jAike Watson, and their 
Associates, their Heirs, Executors, Administrators and 
Assigns for ever, rendering and paying Yearly unto his 



1664] ELIZABETHTOWN GRANT. 19 

Royal Highness the Dnke of York, or his Assigns, a cer- 
tain Rent according to the Customary rate of the Country 
for new Phxntations, and doing and performing snch Acts 
and Tilings as shall he appointed by his said Royal High- 
ness, or his Deputy. And the said Capt. John Bal'er, 
John Ogden, John Bally, and LuJte Watson, and their 
Associates, their Heirs, Executors, Administrators and 
Assigns, are to take Care and Charge of the said Lands and 
Premisses, that Peo})le be carried there with all convenient 
speed, for the settling of Plantations thereon, and that none 
have Liberty so to do, without the Consent and Aj)proba- 
tion of the said Capt. John Baker, John Ogden, John 
Baily and Lule Watson, and their Associates except they 
shall neglect- tlieir Planting thereof, according to the true 
intent and meaning of these Presents. And I do likewise 
promise and grant that the Persons so Inhabitting and 
Planting the Lands and Premisses aforesaid, shall have 
equal Freedom, Immunities and Privileges with any of his 
Majesty's Subjects in any of his Colonies of America. And 
the said Capt. John Baler, John Ogden, John Baily, and 
Luke Watson, and their Associates have liberty to Pur- 
chase of the Natives (or others, who have the Propriety 
thereof) as far as Snake Hill to the End and Purposes 
aforesaid. Ix "Witness whereof I have hereunto set my 
Hand and Seal this lirst Day of December, in the Sixteenth 
Year of the Reign of our Sovereign Lord Charles Second, 
by the Grace of God King of England, Scotland, France, 
and Ireland, Defender of the Faith &c. At Fort Ja)nes 
in Nevj York, at the Island of Manhatans [A certificate 
follows from Governor Robert Hunter, of IN^ew York, under 
the seal of that Province, of the correctness of the copy, 
dated 4th November, 1715.] 



20 NEW .TEKSEY COLONTAI, DCKTMENTS, [1665 



Coinmission of Ph'dij) Carteret^ as Govenwr of Nev) 

Jersey. 

I From CortifuMl Coiiy amou;; Wliitflieiul MSS. | 

.lolni Lord Berkoly Baron of Strattoii and Sir (Toorge 
Carteret Knight and Baronet Vice C'hand)erlain of his 
Majesty's Household, the true and al)solnte Loi-ds Prop)"ie- 
tors of all the Province of New-C.esarea or New-Jersey. To 
our trusty and well beloved Philii) Carteret send Greeting. 

We do herehy constitute and appoint you (during our 
Will and Pleasure) Governor of all that Tract of Land 
adjacent to New England and lying and being to the AV^est- 
ward of ]^ong-Island and Manhitans IsUmd, and bounded 
by the East, part by the main 8ea and part by Hudson's 
Kiver, and having upon the West Delaware Bay and to 
the Northward as far as the Northerniost Branch oi the 
said Bay or River of Delaware, which is in fforty one and 
forty degrees of Latitude, crossing over thence in a Strait 
Line to JIudsons Piver in Iforty one degrees of Latitude, 
now coinuK ndy called l)y the Names of New-Cj'esarea or 
New-Jersey, and of all the Islands Inlets Pivers and Seas 
within tile said Bounds of our said Province, with Power 
to nominate and take unto you twelve able Men at most, 
and Six at least, to l)e of your Council and Assistance, or 
any even Nund)er between Six and twelve, uidess we have 
before mack; choice of, or shall choose all or any of them. 
And we do further constitute and aj^point you to l)e our 
Governor (during our Will and Pleasure) of all the 
Pi-ovincc and Tract of Land aforesaid, and of all our 
Forces raised and to be raised within our said Province and 
Tract of Land foi- the Security of the same, and to the Parts 

1 I'liilip Caitciet was a distant ielati\o ul' Sir Geori^e. For a uoticc of him see 
"EastJei-sty I'lulc r tlic Proprietary Govoniments,"' 'ZA Edit., pp. 100-113. Ed. 



GOVERNOR CARTERET S I>rSTRUCTIONS. 21 

adjacent over wliicli, you are to place and Coniiuissioiiate 
Officers, and to cause them to be duly Exercised in Anns, 
and to do all and every other thinfii; and things M'hich unto 
the Share and Office of Governor doth belong or luith 
accustomed to belong, as fully and freely as any (iovei-nor 
hath ever had; connnanding all Inferior Officers and 
Soldiers of our said Armies you to obey as their Govci'uoi- 
according to this our Commission and the Powers hereby 
given unto vou, and according to the Laws and Discipline 
of War. And you yourself also are to observe and follow 
such Orders and Directions as from Time to Time you shall 
receive from us, and in all things to govern yourself as to 
your Duty and Place doth appertain. Given under our 
Great Seal of our said Province ; the tenth day of I^'ebruary, 
one Thousand Six hundred and Sixty four.^ 

ExM J. P'-. 



Instructions to Governor Carteret from the Lords Pro- 
prietors. 

[From '■ Giants and Coucossious,'' p. 28.] 

JouN Lord Berkley, Baron of Stratton^ and Sir George 
Cartkret, Knight and Baronet^ Vice Chaniherlain <f his 
Majestifs Household^ the true and, absolute Lords Pro- 
prietors o/lSTew Ca?sarea or New Jersey. 

To Our Trusty and well beloved Phillp Caktekkt, 
Esq : Governor of all that Tract of Land adjacent to New- 
Krujland^ and lying and being to the Westward of Lmuj- 
Island and Maiihitans Island and bounded on the jVIain 
Sea, and Part by Hudson s River, and having uj>on the 
We'st .Delaware Bay or River, and extending Southward 

1 1664-5. Ed. 



22 NEW .TKHSKY COLONtAL DOCUMKNTS. [1G65 

to the ]\rain Ocean as far as Cape-May^ at tlie Mouth 
of Delaioare Bay ; and to the XfM-thuard as far as 
the Nortliei'inost liraiich of the said .P)ay or River of 
Delcnoari' ^vhi('ll is in Foi'ty one Deg'rees and Forty Min- 
utes of Lattitnde ; and erosseth over tlienee in a strait 
Line to JJudsoh's River in Foi'ty one Degrees of l^attitude, 
now cominoniy known l)y tlie Name or Names of JVew- 
C't'-sai'ea or N ei€-JerHeij : and of all the Tshuids, Inlets, 
Rivers and Seas, within the said Honnds of oni- said 
Province, and to oni- Ti'nsty and well hcloNcd ("onncellors 
and Assistants to oui- said Governor, Gkeetixg. 

Be it known to all Men that We the said Lords Puo- 
PRiETORs of the said Tract of Land or Province aforesaid, 
for divers good causes and considerations, hut more espe- 
cially out of the Trust and Contidence we reposed in you 
our said Governor and (\mnsellers, for the faithful Manage- 
ment of the Powers and Authorities hy us to you given, to 
the best avail and iniprovemoiit of our Literest and Do- 
minion of the said Pi-ovince and Tract of Land, and for the 
best avail aiul iinin'o\enient of the Tntei'est, Lil)erty, Prop- 
erty ami Defence of all such as shall Plant and Inhabit 
there, have given, granted and by these Pi'csents do gi\e 
and grant (dui'ing our Will and Pleasni-e) unto our Gover- 
nor, by and with advice and consent of our said (Vtuncil, 
or any three oi- nn»re of the Six, or four or nioi'e of a gi'eater 
nnmlx'i', full and absolute [*ower and Authority for us, and 
in our Nanu's. to let, sell, convey and assui'e such Land in 
our said I*ro\ince, to such Pei'son and Persons, and for 
such Estate and Fstates, and with such Provisions, Condi- 
ti<»ns and l>iinitations as we by our Concessions and Agree- 
ment, under our Hand and Seal beai-ing Date with these 
Pi-esents, to and with the Adventurers are o])liged to grant, 
and as you shall be directed l)y such olhcr Instructions and 
Rules as fi'om Tinu' | to Time] you shall receive from us, 
and not otherwise ; herel)y ratifying and confirming what- 
soevei' you shall lawfully do pursuant to oni" said Conces- 
sions, and to such Instructions, Rules and Dii'ections as 



1065] GOVERNOR C'ARTERKt'^^ INSTRUCTIONS. 2-1 

aforesaid ; and also to make, do, perform and execute all 
and every Act and Acts, Thing and Things, Powers and 
Authorities whatsoever, which we ourselves, may, can, 
ouo'ht or could do in, fur, i-elatino' or concernino; the 
Crovernment both Civil and Military of the said Province 
and Tract of Land, l)y Virtue of the Letters Patents of his 
Most Excellent Majesty Cuarles the Second^ by the Grace 
of (xod Kino of England, Scotland^ France and Ireland^ 
bearing Date at Westminster ^ last past, made of the 
Premises amongst other things, to his lloyal Highness 
James Duke of York, and his Heirs, and since by Liden- 
ture dated the Twenty fourth day of June last past, for the 
Considerations therein mentioned, by his said Royal High- 
ness, Granted unto us, our Heirs and Assigns, to be exer- 
cised ; nevertheless according to such Instructions, and 
with such Limitations, Restrictions, Conditions and Provi- 
sions, as in these Presents are hereafter contain'd ; hereby 
ratifying, allowing and confirming all and every such Act 
and Acts, Thing and Things, which our said Governor and 
Councellors in our J^ames shall do in the Premises, pursu- 
ant to the Auth(»rity hereby committed : Provided, and it 
is hereby declared, that this present Deed, or any thing 
tlierein contained, doth not extend, or shall be deem'd or 
taken to extend, to give up to our said Governor or Coun- 
cellors, or either or any of them, any Power or Authority 
to make any manner of Grant, Conveyance or Demise, or 
other like Disposition of any Lands lying within, or being 
part of the said Province, but according to our said Con- 
cessions and Instructions ; reserving for every Acre, Eng- 
lish Measure, which by Virtue of this Authority, you shall 
Grant to anv Person or Persons, One Half-penny lawful 
Money of England, Yearly Rent; to be paid to us our 
Heirs and Assigns for ever, on every Five and Twentieth 
Day of March according to the English Account: the tirst 
Payment thereof to begin on the Twenty Jifth day of 

1 Date omitted in the printed copy. Ed. 



94 NKW .IEK^;K\ ('oI.OMAT, liOfrMKXTS. [16f)5 

March wliicli sliall be in tlic Year of our Lord, according 
to the English Acconnt, One tlionsand Six Hundred and 
Seventy. PieovioED also, tliat no Laws nor Order made 
or to be made by Yirtne of tin's onr Autluirity, shall be in 
Force as a Law foi' anv longer Time than one Year and a 
half; Avithin one Year of which Time, they shall be trans- 
mitted and presented to ns for onr Assent, which being 
given, they shall be in contimial Force till expired by their 
oAvn Limitation, or by Act Repealed, to be confirm VI as 
atbi'esaid. Provided also. That all the executive Part of 
all the said Powers hereby made and given, shall be made 
and exercised by our said (iovcrnoi', to and with the advice 
of the Major Part of onr Council, or the Major Part of 
them I'esidcnt in our said i'l'ovince, ^Vc. and as in their 
Discretions to them shall seem most fit to serve and su])ply 
our said Province, of such PeVson respectively during their 
absence frnui our said I'rovince and Tract of Land afore- 
said ; giving and granting unto him or them so chosen, 
during the absence of our said Governor and Councellors, 
as full, large and ample powers, as by these Presents to our 
said (Tovernor and Councellors we liave given ; any Thing 
in these Presents in any ways notwithstanding. And also 
in case of Death or removal of any Member of our said 
( 'ouncil, fVom Time to Time, to note, nominate and aj^point 
tit and able Persons in their stead or place respectively: 
Avhich Person so uoininated and chosen sliall exercise all 
Powers to tlu! said Offices respectively belonging, till our 
i*leasui-e be signified to the (Vtntrai-y. And lastly, if our 
(4ovei-nor atid Councellors shall hap]»en to find any Natives 
in our said rro\ince and Tract of Land aforesaid, that then 
yo,u treat them with all Humanity and Kiiulness, aiwl not 
in any Avise grei\e or oppicss them, but endeavour by a 
( 'hristian cai-riage to manilest Piety, .1 ustice and Charity, 
and in your Conversation with them, the Manifestation 
where(»fwill prove benelicial to the J-'lanters, and likewise 
Ad\ antageous to the Propagation of the (lOspel. Piio- 
viDKD ALSO, that it shall be lawful for the Re))resentatives 



1065] 



CxOVElRNOE CARTEEEt's Tr; PTRrCTtONS. 2." 



of tlie Freeholders to nuike an^^ Address to tlie Lords 
toucliiiig the (xovernor and Connc'l, or any of tliein, or 
whatsoever or for any Thing tliey shall desire, without the 
Consent of the (Tovernor and Conncil. Given nnder the 
Seal of onr said Province the tenth Day of February in the 
Year of onr Lord one Thousand Six Ilnndred Sixty and four 
[1664-5.] John Berkley, i 

Ct. Cajiteret. '-* 

1 Sir John Berkeley, youngest son of Sir Maurice Berkeley, was born in 16(t7. 
He commanded tbo army against the Scots in 163B, and was knighted at Berwick in 
that year. He bore a conspicuous part in the civil wars that followed, supporting the 
royal cause ; became Governor of Exeter, aud General of the King's forces in Devon. 
He participated in the exile of the royal family, in 1652, and was placed at the head 
of the Duke of York's establishment, having the management of all the Duke's 
receipts and expenditures. In 1056 he was raised to the Peerage, as Baron n^'rkcley 
of Station, in the connty of Somerset. On the restoration he became one of the Privy 
Council, and towards the close of 16C9, Lord Lieutenant of Ireland, and administered 
the government for two years. In 1675 ho was appointed Ambassador Extraordinary 
to Versailles, and died August 28th, 1678. Although holding so many distinguished 
offices some authorities assert that, at one time, he was " under a cloud,' in conse- 
quence ot his being detected in selling of offices, and other corrupt practices. Pepys 
speaks of him as being esteemed " a fortunate, though a passionate, and but weak 7niin 
as to policy," and "the most hot, fiery man in discourse, without any cause," he ever 
saw. The intimate relations existing between Berkeley and King Chailes and the 
Duke of York, as .shown in Pepys' illustrative diary, fully account for the granting to 
him an interest in New Jersey, as well as in Carolina, which he had previously 
received.— " East Jersey Lender the Proprietary Governments," p. 103; '■ X. Y. Colo- 
nial Documents," Vol. II., p. 5fl9. En. 

2 Siu George Carteuet was born on the island of Jer.sey in 1599. Entering the 
navy at an early age, he attained a high reputation as a naval officer, aud in 1626 was 
appointed by Charles I. Joint Goveinor of the island of Jersey. He was much 
esteemed by all parties. In 1640 he was appointed Comptroller of the Navy, and in 
May, 1645, was created a Baronet. On the commencement of the civil war be retired 
from the navy, and withdrew with his family to Jer.sey, but subsequently returned to 
aid the projects of the royalists. He afterwards, on the ruin of the royal cause, 
afforded an asylum to the Prince of Wales and other refugees of distinction witliiu 
his government of Jersey, and defended the island against the Parliamentarians, 
Elizabeth Castle being the last fortress that lowered the royal banner. At the restora- 
tion, having shared his Koyal Mastei's banishment. Sir George formed one of the 
immediate train of the restored monarch on his triumphant entry into London. TIio 
next day he was sworn of the Privy Council, appointed Vice Chamberlain, and consti- 
tuted Treasurer of the Navy. In 1669 he was expelled from the House of Commons 
to which he had been elected, to represent Portsmouth, for misconduct as Vice Cham- 
berlain, beimr accused of embezzlement. (See "Andrew Marvell's Letters." pp. 125. 
126.) In 1673 he was appointed one of the Lords of the Admiralty, and confinued in 
the public service until bis death— January 14th, 1679. The fidelity with which Car- 
teret, like Berkeley, had clung to the royal cause, gave him also great iulluence at 
court. He had, at an early date, taken a warm interest in the colonization of America, 
and became, with Berkeley, one of the proprietors of Carolina, jnior to their becoming 
Jointly inteiested in N^ew Jersey —' East Jersey Under the Proprietary Govern- 
ments," p. 104 : "New York Colonial Documents, " \'ol. II., p. 410. 



^6 NEW JERSEY COLONIAL DOCTMENTS. [1665 



Commission of Robert YauquiUin ^ to he Surveyor of Neio 

Jersey. 

[From tlio Original iu the Library of the New Jersey Historical Society. | 

llohtt Lord Berkeley Baron of Stratton, and S'' (Cirornf 
Carteret Knicrht k Barr" Vice-Cliamberlaine of his Ma'''"'' 
lionseliold, tlie true & absolute Lords proprieto""^ of all }'" 
province of New Cesareci or New Jersey, 

To qriv trusted and ivelbeloved Hohert VaU" 
quilliJi Gent. Greeting <i'c. 

%\^(( l)ein<i; well assured of jour wisdome prudence and 
integi'itie have tliouo;lit fitt, and doe by these presents 
no'i'ate constitute and appoint you our Slirvevor generall 
of our said province of New Cesarea or Neio Jersey by 
yo*" selfe or such' as you shall depute tfe appoint to la}' out 
bound ik survey all allotments of land generall or particu- 
lar, pu])liqueor private, whether relating to vs particularly, 
or To other persons by grannt from us, according to such 
wan-ante <Sc directions as you sliall from time to time 
receive from our (loverno'^and councell of our said Province 
or the Major part of them. As alsoe true certificates make 
of the scituat'ons bounde (juantities and lines of all lande 
soe layd out mentioning the ])ersons for whom, and the 
order you received for your soe doeing : A\ liicli sayd Cer- 
tificates you sliall direct to our Se.cretary and Register of 

1 Iu oaily records the name is usually given as " Vaiiquellin."' Ilis sijinalure, 
however, sbows that Vaui|uillin is coriect. See "East Jersey Under the Troprie- 
tary Governments," 2d Edit., pp. ,'')9-78— notes. Ei>. 



1665] 



VAtTQUILLIN S COMMISSION, 



07 



the said Province for tlie time being, that bee may enter 
and file the same. ^tt(l these and all other act & acts thing 
& things w*"'' doe, or shall belong, or appertaine to the 
office of our Surveyor generall of our said province, you 
are foithfully to doe and performe According to such 
orders and instrucc'ons as you shall receive from us, or our 
Governor, or o'' governo'' and Councell or the major part 
of them to the best of your Judgem* & skill ; And for yo'' 
doeing y*^ same or any of them yu" shall receive such 
salleries fees and perquisite, as l)y us and our generall 
Assembly of the sayd Province shalbe appointed, and none 
other : ^iUfW vnder our scale of our said Prt)vince y*^ Tenth 
day of ffebruar}' in the yeare of our lord one thousand six 
hundred sixtie and foui'e. * 






1 1664-5. 



2S JCEW JERSEY roT.OXTAL DOCUMEKTS. [If'tOS 



The Concessions and Agreements of the Proprietors of East 

Jersey. 

I From n coutpmporaneous parchment copy (1) brought to West Jersoy by .Tohii Fen- 
wick, in the Library of the New Jersey Uistorical Society.] 

Til K Concessions and Ai>Toeinciit of the ]^ords Proi)riii- 
tors of the Province of New Cesarea or New Jersey to aiid 
with all and ever.y tlie Adventurers and all such as shall 
settle or plant there. 

Imprimis wee doe consent and agree That the Governor 
of the said Province hath Power bj' the advice of his 
Conncell to Depnte one in his ])Iace and Authority in case 
of death or removall, To continue until! our fui'ther order 
unless wee have Coni'issionated one before. 

Item that hee hath (likewise) ])ower to make choice of 
and to take to him six Couiu'cllors at least, or twelve at 
most, or any even number between six and twelve with 
whose advice aiul consent, (jr with at least three of the six, 
or foure of a greater nund)er (all being summoned) hee is to 
govei'ne according to the limitac'ons and insti'uctions fol- 
lowing during our pleasure. 

Item that a (Jheife Secretary or Register which wee have 
chosen or shall choose (wee failing that hee shall chuse) 
shall keep exact entries in faire bookes of all publi({ue 
affaires, And to avoid deceipts and Law Suites, shall record 
and enter All graunts of Land from the Lords to the 
Planters, and all (.Conveyances of Land liouse or houses 
from man t<i man As alsoe all Leases for Land house or 
liouses ma(K' or to be nuule by the Landlord to any Teiumt 
for moi'e than one yeare, Which Conveyance or Lease shall 
be first acknowledged by the (Irantor or Lessor, or proved 

1 The orisiiiiil copy was ih'stroyeil l)y fire in Ai)iil. ItigG. See "Proceedings N. J. 
Hist. Soc, " \ol. III., ]). It;:.. Ki>. 



1665] CONCESSIONS AND AGREEMENTS. 29 

by the Oath of two M'itnesses to the Lease or Conveyance 
before the Governor or some clieife Judge of a Court for 
the time beins;, who shall under his hand upon the back- 
side of the said Deed or Lease Attest the acknowledgment 
or proofe as aforesaid M^hich shalbe a Warrant for the 
Register to record the same, which Conveyance or Lease 
soe recorded shalbe good and effectual in Law notwith- 
standing any other Conveyance Deed or Lease for the said 
Land house or houses or for any part thereof, although 
dated before the Conveyance Deed or Deeds or Lease soe 
Recorded as aforesaid. And the said Register shall doe 
all other thing or things tliat wee by our instriicc'ons shall 
direct, and the Governor Councell and assend)ly shall 
ordeine for the good and welfare of the said Province. 

Item That the Surveyor Generall that wee have chosen 
or shall choose (wee failing that the Governor shall chose) 
shall have power by himself e or Deputy to Survey lay out 
and bound all such Lands as shall be graunted from the 
Lords to the Planters, and all other Land within the said 
Province which may concerne particular men as hee shalbe 
desired to doe, And a perticular thereof Ceitific to the 
Register to be recorded as aforesaid. Provided that if tlie 
said Register and Surveyor or either of them sliall misbe- 
have themselves as that the Governor and Councell or 
Deputie Governor and Councell or the major part of them 
shall find it reasonable to suspend their Actings in their 
respective imployments it shall be lawfull for them soe to 
doe, untill further order from us. 

Item That the Governor Couucellors Assembly men 
Secretary Surveyor and all other Officers of Trust shall 
sweare or subscribe (in a book to bee provided for that pur- 
pose) That they will beare true Allegiance to the King of 
England his heires and successors and that they will be 
faithfull to the interest of the Lords Propriatcrs of the 
said Province and their heires executors and assignes And 
endeavor the peace and welfare of the said Province And 
that they will truely and faithfully discharge their respec- 



80 Xi:W JKKSEY Ct)LOXIAL DOCTMENTS. [1665 

five [trusts in tlu-ir i\'s})i'c-ti\H' ] ( )trK'('s, and doc (.'(|uall 
Justice to all men accordiuii- to their best skill and -ludi:;- 
iiient without corrujx'on favour *or aft'eccon And the 
names of all that have sworne or subseril)ed to be eiitred in 
a P)Ool':e And whosoever shall subscribe and not sweare, 
and shall \'iohite his promise in that subscripcon shall be 
liable to the same punishment that the persons are or may 
bee that have sworne aiul broken their ( )atlies. 

Itetn That all persons that are or 'shall become subjects 
to the King of England and sweare or subscribe Allegiance 
to the King and faithfulness to the Lords shalbe admitted 
to Plant and become ffreeman of the said Province and 
enjoy the ffreedomes and Immunities hereafter expressed 
nntill some sto])}) or contradiction bee made by us the 
Lords or else the (lovernor Councell and Assemblie, which 
shall)e in force nntill the Lords see cansc to the conti-ary, 
Provided that such stopp shall not any way prejudice the 
riirht or continuance of any person that hath been I'eceived 
before such stopp or order come from the Lords or generall 
Assemblie. 

Item That noe person qualified as aforesaid within the 
said Province at any time shalbe any waies molested 
punished discpiietcd or called in (Question for any difference 
in opinion or practice in matters of Religious concerne- 
ments, who doe not actually disturbe the civill peace of 
the said Proyince, but that all and every such person aiul 
persons nuiy from time to time and at all times truly and 
fully have and enjoy his and their Judgments and Con- 
eiences in matters of Religion throughout all the said 
Province: They l)ehaveing themsches ])eaceably and 
(piietly and not using this liberty to Licentiousnes, nor to 
the civill injury or outward disturbance of others, any Law 
Statute or clause conteyned or to be conteincd usage or 
custome of this Peahne of England to the contrary thereof 
in any Avise notwithstanding. 

Item That no pretence may be taken by us our heires or 
assignes for or 1)}' reason of our right of Patronage and 



1665] CONCESSIONS AND AGREEMENTS. 31 

power of Advowsen grauiited by his Ma"^* Letters Pat- 
tents unto his lloyall Ilighnes James Duke of Yorke, and 
by his said Eoyall Ilighnes nnto us, tliereby to infringe 
the general! chiuse of Libertie of Conscience aforement'oned 
"Wee doe hereby graunt unto the Generall assembly of tlie 
said Province power by Act to Constitute and ap])oii)t such 
and soe many Ministers or Preachers as they shall think 
litt, aTid to establish their maintenance, Givnng liberty 
besides to any person or persons to keep and niaintaine 
what Preachers or Ministers they please. 

Item That the 'inhabitants being Ifreemen or clieife 
Agents to others of the Province aforesaid doe as soone as 
this our Conrission shall arrive by Virtue of a writt in our 
names by the (xovernor to be for the present (untill our 
Scale comes) sealed and signed make choice of Twelve 
DejDuties or Representatives from amongst themselves who 
being chosen are to joine with the said Governor and Coun- 
celi for the makeing of such Lawes Ordinances and Consti- 
tutions as shalbe necessary for the present good and welfare 
of the said Province, But so soone as Parishes Divisions 
Tribes or other distinctions are made That then the Inhab- 
itants or ifreeholders of theseverall and respective Parishes 
Tribes Devisions and distinctions aforesaid doe (by our 
Avritts under our scale which wee engage shall be in due 
time issued) Annually' meet on the first day of January and 
choose ffreeholders for each respective division Tribe or 
Parish to be the Deputies or Representatives of the same 
Which body of representatives or the major part of them 
shall with the Governor and Councell aforesaid bee the 
generall Assembly of the said Province, the (xovernor or 
his Deputy being present unless they shall wilfullee refuse, 
in which case they may appoint themselves a President 
dureing the absence of the Governor or his Deputy 
Governor. 

Wnicii Assemblies are to have power 

1 To appoint their own times of meeting, and to ad- 
jorne their Sessions from time to time, to such times and 



32 m;\\ .n:R>i:v (••[.••nial DtxiMEXTs. [l(iPi5 

places as they sliall tliink couveiiieiit, As alsue t(» ascertaiiic 
the mmiber of their Quorum Provided that such iniinl)ers 
be not lesse tlian the third ])art of tlie whole in Avhoni (or 
more) shull he the full [tower of the geuerall Assembly 
viz^ 

*i To cnai't and make all such hawes Acts and Consti- 
tutions as shalbe necessarie for the well (Toverment of the 
said Province, and them to i-epeale : Provided that the 
same be consonant to reason, and, as neere as may be con- 
veniently agreeable to the Lawes and Customes of his 
Ma"''^ Kingdom of England Provided also that they be not 
against the interest of us the Lords Propriators our heires 
or assignes nor any of those our Concessions, especiallie 
that they be not repugnant to the' Article for Libertie of 
Conscience abovemenc'oned AVhich Lawes &c'''. soe nuide 
shall receive Publicacon from the Governor and CounccU 
(but as the Lawes of ns and our geuerall Assembly) and be 
in force for the space of one yeare and noe more unles 
contradicted bythe Lords Propriators within which time 
they are to bee presented to us our heires Arc. for our IJati- 
lieacon, and being confirmed by ns they shall be in con- 
tinuall force till expii-ed by their own limitation or by Act 
of Kepeale in like manner to be passed as aforesaid and 
confirmed. 

8 By Act as aforesaid to constitute all Courts together 
with the limitts poAvers and -lurisdictious of the same, as 
alsoe the severall Offices ami number of Officers belonging 
to each (Jourt, with theii- respective Sallaries ifees and })er- 
quisits, their appellac'ons ami dignities, with the penalties 
that shall be due to them for the breach of their severall 
and respective duties and Trusts. 

4 By Act as aforesaid to lay equall taxes and assess- 
ments e(pudly to raise nu»neys or goods upon all Lands 
(excepting the Lands of us the Lords Propriators before 
setling) or persons witiiin the severall Precincts Hundreds 
Parishes, Manors or wliatsoever other Divisions shall here- 
after be UKule and established in the said Province as oft 



1665] . CONCESSIONS AND AGREEMENTS. 33 

as necessity shall require and in sucli manner as to them 
shall seem most eqnall and easie for the said inhabitants in 
order to the better supporting of the publique charge of 
the said Goverment, and for the mutuall safetye defence 
and securitie of the said Province. 

5 By Act as aforesaid to erect withiti the said Province 
such and soe many Manors with their necessarie Courts 
Jurisdictions ffreedoms and Priviledges as to them shall 
seem meet and convenient, as alsoe to devide the said 
Province into Hundreds Tribes Parishes or such other 
Divisions or distinctions as they shall think fitt, and the 
said Divisions to distinguish by what names wee shall order 
or direct, And in default thereof by such names as they 
please. As alsoe within the said Province to create and 
appoint such and soe many Ports Harbors Creekes and 
other places for the convenient lading and unlading of 
goods and Merchandizes out of Shipps Boates and other 
vessells as shalbe expedient, with such Jurisdictions privi- 
ledges and ffranchises to such Ports &c belonging as they 
shall judge most conducing to the generall good of the said 
Plantac'ons or Province. 

6 By their Enacting to be confirmed as aforesaid to 
erect raise and build within the said Province or any part 
thereof such and soe* many fforts liortresses Castles Citties, 
Corporat'ons Burroughs, Towns, Villages, and other places 
of Strength and defence, and them or any of them to incor- 
porate with such Charters and Priviledges as to them shall 
seem good and the Grant made unto us will permitt, and 
the same or any of them to ffortifie and furnish with such 
Provisions and proporc'ons of Ordinance powder shott 
Armour and all other weapons Amunition and Habiliments 
of Warr both offensive and deffensive as shall be thought 
necessary and convenient for the safety and welfare of the 
said Province ; But they may not at any time demolish 
dismantle or disfurnish the same without the consent of the 
Governor and the major part of the Councell of the said 
Province. 



34 NEW JERSEY COLOXIAL DOCTMENTS. [1665 

7 By Act as aforesaid to coiistituto Trained bands and 
companies M'itli the nnnil)er of Soldiers for tlie safety 
strength and defense of the said Pi'ovinee ; and of tlie 
fforts Castles C/itties etc. to sn})presse all Mutinies and 
Kebellions, To make AVarr Offensive and Defensive with 
all Indians 'Strangers and ffonreigners, as they shall see 
cause; And to pursue an Enemye by Sea as well as by 
J^and if need be out of the limitts and Jurisdictions of the 
said Province, with the perticuler consent of the (lovernor 
or under his conduct or of our Coni'ander in chiefe, or 
whom he shall appoint. 

8 P)y Act as aforesaid to give unto all Strangers as to 
tliem shall seem meet A naturalization, and all such free- 
domes and priviledges within the said Province as to his 
Ma''''''' subjects doe of right Iwelong they Swearing or sub- 
scribeing as aforesaid Which said Strangers soe natui-ab'zed 
and ])riviledged shall be in all respects accom})te(l in the 
said Province as the Kings naturall su1>jects 

9 By Act as aforesaid to prescribe the quantities of 
Land which shall be from time to time allotted to eveiy 
head, free or Servant, Male or ifemale, and to make and 
ordeine rules for the casting of lotts for Land and the lay- 
ing out of the same, Provided they doe not in their pre- 
scripc'ons exceed the severall propoi'c'ons which are hereby 
graunted by us to all persons arriving in the said Province 
or Adventuring thither. 

10 The generally Assembly by Act as aforesaid shall 
make provision for the maintenance and support of the 
(lovenioi-, and for the defrayeing all necessarie charges of 
the (Jovernmcnt As alsoe that the Constables of the said 
Province shall Collect the Lords Kent, and shall pay the 
same to, tlie Reeeivei- that the l^ords shall appoint to receive 
the same, ujiles the said genei'ull asseml)ly shall presci-ibe 
some other way whereby the Lords may have their Pents 
duely collected without charge or trouble to them. 

11 Lastlie to enact constitute and ordeine all such other 
Lawes Acts and Constituc'ons as shall or may be necessary 



ir>(>5] CONCESSIONS AND AGREEMENTS. 85 

for the good propert}^ and settlement of the said Province 
(excepting what by these presents is excepted And conform- 
ing to the limitac'ons lierein exprest. 

The Governor with liis Councell before exprest is, 

i To see that all C'ourts established by the Lawes of the 
Generall Assembly and all Ministers and Officers civill and 
military doe and execnto their severall Dnties and Offices 
respectively according to the Lawes in force, and to punish 
them for Swerving from the Lawes or Acting contrary to 
their Trust, as the nature of their offence shall require. 

ij According to the Constituc'ons of the generall 
Assembly to nominate and Com'issionate the severall 
Judges members and officers of Courts, whether Majis- 
traticall or Ministeriall and all other civill Officers Coro- 
ners [cf .] and their Com'issions powers and authorities to 
revoke at pleasure Provided that they appoint none but 
such as are ffreeholders in the Province aforesaid unles the 
generall Assembly consent. 

iij According to the Constituc'ons of the generall 
Assembly to appoint Courts and Officers in Cases criminall, 
and to impower them to inliict penalties upon offenders 
against any of the Lawes in force in the said Province, as 
the said Lawes shall ordeine, Avhither by ffine imprison- 
ment, banishment corporall punishment, or to the taking 
away of member or of life it selfe if there be cause for it. 

iiij To place Officers and Soldiers for the safetie, 
strength, and defence of the fforts Castles Cities itc. 
according to the nnmber appointed by the generall Assem- 
bly to nominate place and com'issionate all Military Officers 
under the dignitie of the said Governor who is Com'ission- 
ated by ns over the severall Framed bands and Companies, 
Constituted by the generall Assembly as Colonels Captains 
&c. and their Com'issions to revoke at pleasure, the Gov- 
ernor with the advice of his Councell, unles some present 
danger will not permitt him to advise, to muster and traine 
all tlie forces within the said Province, to prosecute AVar 



36 NEW JERSEY COLONIAt DOCUMENTS. [1GG5 

pursue an Eneniye, suppresse all Rebellions and Mutinies 
as well by Sea as by Land, and to exercise tbe whf)le Mili- 
tia as fully as ever by the (iraunt from his Royall lligli- 
nes can impower hiin or them to doe, Provided that tliey 
appoint noe military forces but Avhat are ffi*eeholders in the 
said Province, unles the Generally Assembly shall consent. 

V Where they see cause after Condemnation to llepreive 
untill the Case be presented, with a co]ipie of the whole 
Tryall and proceedings and proofes to the Lords who will 
accordingly either pardon or com'and execucon of the 
sentence on the Offender who is in the meane time to be 
kept in safe custodie till the ])lcasuro of the Lords 1)0 
knowne. 

VJ In case of death or other removall of any of the 
representatives within the yeare to issue SunTons by Writt 
to the respective Division or Divisions to M'hich he or they 
were chosen' com'anding the ff'reoholders of the same to 
choose othei's in their stead. 

vii To make Warrants and to Scale grants of Lands 
according to these our Concessions and the prescripc'ons by 
the advice of the genei'all Assembly in such forme as shall 
be at large sett down in our Instrucc'ons to the Governor 
in his Commission, and which are hereafter ex]>rest. 

viij To Act and doe all other thing or things that may 
conduce to the safetie peace and well Goverment of the 
said Province, as they shall see litt, soe as they bee not 
contrary to the Lawes of the said Province 

For the better security of the Propriators and all the 
Inhabitants 
1 They are not to impose nor suffer to be imposed any 
Taxe Custome Subsidie Talladge, Assessment, or any 
other duty whatsoever upon any coloui' or jiretence 
u})on the said Province and inhabitants thereof other 
then what shall be imposed by the Authority and 
consent of the geiiei-all Assembly and then oidy in 
mannei" as afoi'esaid. 



1665] CONCESSIONS AND AGREEMENTS. 37 

2 Tliey are to take care that Land qiiietlie lield 
planted and possessed seaven years after its being iirst 
duely Surveyed by the Surveyor (lenerall or his Order 
shall not be subject to any reveiw re-survey or alter- 
ac'on of bounds on what pretence soever by any of us 
or any oliicer or Minister under us 

3 They are to take care that noe man if his Cattell 
Stray Range or Graze on any Ground within the said 
Province not actually appropriated or sett out to per- 
ticular persons shall be lyable to pay any Trespasse for 
the same to us our hcires k^c : Provided that Custome 
of Com'ons be not thereby pretended to ; nor any 
person hindred from taking up and appropriating any 
Lands soe grascd upon, And that noe person doe pur- 
posely suffer his Cattle to graze on such Lands. 

And that the planting of the said Province may 
be the more speedily promoted. 

i Wee doe hereby Graunt unto all persons who have 
alreadie Adventured to the Province of New Cesaria or 
new Jersey or shall transport themselves or Servants before 
the first day of January which shall be in the yeare of our 
Lord 1665.1 These following proporc'ons viz^ to every 
ffreeman that shall goe with the first Governor from the 
Port when he inibarcpies (or shall meet him at the Rande- 
vouze liee appoints) for the Settlement of a Plantac'ou 
there ; armed with a good-Muskett boare twelve bulletts to 
the Pound, with Tenn pounds of powder and Twenty 
pound of Bulletts, with bandelcers and match convenient, 
and with six months provision for his own person arriving 
there 150 acres of Land English measure And for every 
able man Servant that he shall carry with him armed and 
provided as aforesaid and arriving there, the like (piantity 
of 150 acres of land English measure, And whoever shall 
send Servants at that time shall for every able man Servant 

1 1665-6. Ed. 



38 NEW JKRSEY COLONIAL DOCUMENTS. [^1665 

lice or slie see sends armed and provided as aforesaid and 
arrivinsi: there tlie like (piantity of- 150 acres And for every 
weaker Servant or Slave male or female exceedinii; the age 
of ffourteen yeares which any one shall send or carry arrive- 
ing there 75 acres of Land And to everv Christian Servant 
exceeding the age aforesaid after the expiracon of their 
time of service 75 acres of Land for their own nse. 

2 Item to every Master or Mistres that shall goe before 
the first day of January which shalbe in the yeare of our 
Lord 1665/ 120 acres of land and for every able man Ser- 
vant that hee or she shall carry or send armed and provided 
as aforesaid and arriving within the time aforesaid the like 
quantity of 120 acres of land, and for every weaker Servant 
or Slave male or female exceeding the age of l-l yeares 
arriving there 60 acres of land, and to every Christian 
Servant to their owne use and l)ehoofe 60 acres of land. 

3 Item to every ffreeman and ffreewoman [who] shall 
arrive in the said Province armed and provided as afore- 
said within the second year from the iirst day of January 
1665* to the iirst of Jan'y 1666 ^ with an intenc'on to 
plant 00 acres of land English measure, and for every able 
man Servant that hee or she shall carry or send armed and 
provided as aforesaid 90 acres of land like measure. 

i Item for every weaker Servant or slave aged as afore- 
said that shall be soe carried or sent thither witliin the 
second yeare as aforesaid 1:5 acres of land of like measure 
And to every Christian Servant that shall arrive the second 
yeare 45 acres of land of like measure after the expiracon 
of his or their time of Service for their own use and 
behoofe. 

5 Item to every ifreeraan and ffreewoman Armed and 
provided as aforesaid That shall goe and arrive with an 
intencon to ])lant within the third yeare from January 
1666* to January 1667''* <»0 acres of land of like measure 
And for every able man Servant that he or they shall carry 

1 16C5-6. 2 lfi65-6, 3 1666-7. 4 1666-7. 5 1667-8. Eu . 



1665] CONCESSIONS AND AGREEMENTS. 39 

or send within the said time armed and provided as afore- 
said the like quantitie of 60 acres of land, And for every 
weaker Servant or Slave aged as aforesaid that hee or they 
shall carry or send within the Third yeare 30 acres of land 
and to every Christian Servant soe carried or sent in the 
Third yeare 30 acres of land of like measure after the 
expiracon of his or their time of Service. All which Land 
and all other that shall be possessed in the said Province 
are to be held on the same termes and Condic''ons as is 
before menc'oned and as hereafter in the following Para- 
graphs is more at lar[g]e expressed. 

Provided alwaies that the before menc'oned Land and 
all other whatsoever that shall be taken up and soe setled 
in the said Province shall afterward from time to time for 
the space of thirteen yeares from the date hei'eof be held 
npon the Condicons aforesaid continuing one able man 
Servant or two such weaker Servants as aforesaid on every 
100 acres a Master or Mistres shall possesse ; besides what 
was graunted for his or her own person ; In failer of which 
upon notificac'on to the present occupant or his assignes 
tiiere shall be three yeares given to such for their compleat- 
ing the said number of persons, or for their Sale or othei- 
disposure of such part of their Lands as are not soe peopled 
within M'hich time of three yeares if any person holding 
any Lands shall faile by himselfe his Agents executors or 
Assignes or some other way to provide such number of 
persons, unles the generall Assembly shall without respect 
to poverty judge it was imj^ossible for the party soe failing 
to keep or ])rocure his or her number of Servants to be 
provided as aforesaid ; In such case wee the Lords to have 
power of disjjoseing of soe much of such Lands as shall not 
be planted with, its due number of persons as aforesaid to 
some other that will plant the same, Provided alwaies that 
noe person arriving into the said Province with purpose to 
settle (they being Subjects or naturalized as aforesaid) bee 
denied a Grant of such proporc'ons of Land as at the time 
of their arrivall there, are due to thejngelves or Servants 



40 NEW JERSEY COLONIAL DOCUMENTS. [1665 

by Concession from us as aforesaid, but have full licence to 
take up and settle the same in such Order and manner as is 
granted or prescribed ; All Lands (notwithstanding the 
powers in the Assembly aforesaid) shall be taken up by 
Warrant from the Governor, and confirmed by the Gover- 
nor and Councell under a Scale to be provided for that 
purpose in such Order and method as slialbe set down in 
this declaracon and more at large in the instructions to the 
Governor and Councell 

And that the Lands may be the more regularlie laid 

out and all persons the better ascertained of their 

Titles and possessions. 

i The Governor and Councell (and Assembly if any be) 

are to take care and direct that all Lands be devided by 

(-ienerall Lotts, none lesse than 2100 acres, nor more than 

21000 Acres in each Lott, Excepting Citties TQ>vnes &c : 

and the near lotts of Townshipps, And that the same be 

devided into seaven parts one seaventh part by Lott to us 

our heires and assignes, the remainder to persons as they 

come to plant the same in such proporc'ons as is allowed. 

ii Item that the Governor, or whom he shall depute in 
case of Death, or absence, if some one be not before Com- 
'issionated by us as aforesaid doe give to every person to 
whom Land is due, a Warrant Signed and sealed by liim- 
selfe, and the Major part of his Councell, and directed to 
the Surveyor Generall or his Deputie cora'anding him to 
lay out Limitt and bound acres of land (as his 

due ])r()porc'on is) for such a person in such Allottment, 
according to which Warrant the Register having first 
Recorded the same, and attested the record upon the War- 
rant, The Surveyor Generall or his Deputy shall proceed 
and certitie to the cheife Secretary or Register the name 
of the person for whom he hath laid out land by Virtue of 
what Authority, the date of the Authoritie or Warrant, 
the number of acres, the bounds, and on what point of the 
Compasse the severall limitts thereof lye, which Certilicatc 



1665] CONCESSIONS- AND AGREEMENTS. 41 

the Register is likewise to enter in a booke to be prepared 
for that purpose with an Alpliabeticall table referring to 
the booke, that soe the (Certificate may bee the easier found, 
and then to file the Certificates and the same to keep safe- 
lye. The Certificate being entred a Warrant comprehending 
all the perticulers of the Land menc'oned in the Certificate 
aforesaid is to bee signed and sealed by him and his Coun- 
cell or the major part of them as aforesaid (they haveing 
seen the entry) and directed to the Register or cheife Secre- 
tary for his preparing a Graunt of the Land to the jjartie 
for whom it is laid out, which graunt shall bee in the forme 
following viz*. 

The Lokds PEorRiATORs^of^the Province of New 
Cesaria or New Jersey doe hereby (Iraunt unto A B 

of the in the Province aforesaid A 

plantation conteyning .... acres English nieas- 
sure bounding (as in the Certificates) To hold to him 
(or her) his (or her) lieires and assignes for ever, 
Yeildmg and paying yearly to the said Lord P ropri- 
ators their heires or assignes every 25*^ day of March 
according to the English account, One halfe penny 
[or One penny i] of lawfuU money of England fur 
every of the said acres. To be holden of the Manor of 
in free and comon Soccage ; the first 
payment of which Rent to begin the 25"^ day of March 
which shall be in the yeare of our Lord according to 
the English account 1670. Given under the scale of 
the said Province the day of in 

the yeare of our Lord 16 

iij '■* To which Instrument the Governoror^his deputy 
hath hereby full power to put the Scale of the'said Pro- 
vince and to subscribe his name as alsoe the'CounccIl or" the 
major part of them are to subscribe their names. And tlicn 

IJ^ot in the written copy, but in "Grants and_^Conceg8ion8," and in Section vi 
following. 
2 Part of Section ii. in Learning & Spioro's "Grants and Conoessions," Ijjp. 



42 NEW JERSEY COLOXIA-L DOCUMENTS. [1665 

the Instnimciit or Grant is to be l)y the Register recorded 
in a booke of Ileeords for tliat pnrpose, All wliich being 
done according to tliose instrucc'ons Wee hereby declare 
that the same shall be effectuall in Law for the enjoyment 
of the said Plantation and all the benefitts and profitts of 
and in the same (except the halfe jiart of mines of Gold 
and Silver) paying the Rent as aforesaid, Provided that if 
any Plantacon soe graunted shall by the space of Three 
yeares be neglected to be planted with a sufficient number 
of Servants as is before menc'onfcd That then it shall be 
hiwfull for us otherwise to dispose thereof in M'hole or in 
j)art, tliis Graunt notwithstanding. 

iiij 1 Item wee doe alsoe graunt convenient pro})or- 
c'ons of Land for highwaies and for Streets not exceeding 
loO foote in bredth in Citties Town's and Villages itc. for 
Churches ft'orts Wharfes Ke3'es Harbours and for publi<jue 
houses. And to each Parish for the use of their Minister 
200 acres in such places as the Generall Assembly shall 
apjjoint. 

V 1 Item the Governor is to take notice that all such 
Lands laid out for the uses and purposes aforesaid in the 
next preceding Article shall be free and exempt from all 
Rents Taxes and other charges and duties whatsoever pay- 
able to us our lieires or assignes 

VJ ^ Item, that in layeing out Lauds for Citties Townes 
Villages Burroughs or other JIanilotts, the said lands be 
devided into seaven parts, one seaventh part whereof to be 
by Lott laid out for us and the rest devided to such as shall)e 
willing to bnild thereon, they paying after the rate of one 
halfe penny or one peimy p' acre according to the value of 
the Lands yearely to us as for their other Land as aforesaid 
Which said Laiuls in Citties Townes i*cc. is to bee assured 
to each possessor by the same way and instrument as is 
before menc'oned. 



1 Sections Nos. iii.j., v. and vj., in consequence of Section No. iii. being incorporated 
in No. ii., are numberedin Learning ^^i Spiccr's "Grunts and Concessions," Nos. 3, 4 
and 5. £d. 



1665] CONCESSIONS AND AGREEMENTS. 43 

vij ^ Item that the Inhabitants of the said Province 
have free passage through or by an}^ Seas bounds creeks 
rivers rivnletts <tc. in the said Province through or by 
which tliey must necessarilie passe to [or ?] come from the 
niaine Ocean to any part of the Province aforesaid. 

viij Lastlie it shall be lawful! for the Representatives 

of the ffreeholders to make any Addresse to to the Lords 

touching the Governor and Councell or any of them for or 

concerning any Grcivances whatsoever or for any other 

thing they shall desire, without the consent of the Governor 

and Councell or any of them. ['■* Given Under our Seal 

of our said Province the Tenth day of February in the 

Year of our Lord One Thousand Six Hundred Sixty and 

Four. 

John Bekkley 

G. Carteret.] 



Grant from Governor Nicolls for Land at '■'•Sandy Fo'mV 
{Sandy IIool^ and on liarltaii Bay. 

[From " Grants aud Coucessious,' p. 661.] 

Monmouth Patent. 

To ALL to whom these Presents shall come. I Bichard 
NicolU, Esq : Governor under his Royal Highness the 
Duke of Yo7'l\ of all his Territories in America^ send 
Greeting. Whereas there is a certain Tract or Parcel of 
Land within this Government, lying and being near Sandy 
Point, upon the Main ; which said parcel of Land hath 

1 Learning & Spicer's edition has another section here, numbered vi., as follows : 
" Item. That all Rules relating to the buihling of each vStreet, or quantity of Ground 
to be allotted to each House within the said respective Cities, Boroiiglis and Towns, 
be wholly left by Act as aforesaid to the Wisdom and Discretion of the General 
Assembly." Ed. 

2 The copy from which the foregoing was printed was without the closing para- 
graph and signatures, which are taken from the printed copy in the " Grants and 
Concessions," as published by Learning & Spicer, which differs in orthography and 
other minor particulars. Ed. 



44 NEW JERSEY COI.fiMAL DOCUMENTS. [1665 

been witli my Consent iind A[)probatiou bought by some 
of the Inhabitants of Gravcscnd, npon Long Island, of the 
Sachems (chief Proprietors thereof) who Ijefore nie have 
acknowledged to liave received Satisfaction for the same, 
to the end the said Land may be pUinted, manured, and 
inhabited, and for divers other good Causes and Considera- 
tions, I have thought tit to give, confirm and grant, and 
by these Presents do give, coniirm and grant unto William 
Goulding, Samuel Spicer, Richard Gibbons, Richard 
Stout ^ James Graver, John Boion, John Tilton, Nathaniel 
Silvester, William Reape, Walter Claris, Nicholas Davis, 
Ohadiah Holmes, Patentees, and their Associates, their 
Heirs, Successors, and Assigns, all that Tract and Part of 
the main Land, beginning at a certain Place commonly 
called or known by the Name of Sandy Point, and so run- 
ning along the l)ay AVest Xorth AVest, till it comes to the 
Mouth of the Raritans River, from thence going along the 
said Tliver to the Westermost Part of the certain Marsh 
Land, which divides the lliver into two Parts, and from 
that Part to run in a direct South West Line into the AVoods 
Twelve Miles, and then to turn away South East and by 
South, until it falls into the main Ocean ; together with all 
Lands, Soils, Rivers, Creeks, Harbours, Mines, Minerals, 
(Royal Mines excepted) Quarries, Woods, Meadows, Pas- 
tures, Marshes, AVaters, Lakes, Fishings, Ilawkings, Hunt- 
ings and Fowling, and all other Profits, Connnodities, and 
Hereditaments to the said Lands and Premises belonging 
and appertaining, with their and every of their api)urte- 
uances aiul of every Part and Parcel thereof. To Have 
AND TO Hoi.i), all and singular the said Lands, Heredita- 
ments, and Premisses with their and every of their Appur- 
tenances hereby given and granted, or herein before men- 
tioned to be given and granted to the only proper Use and 
Jiehootf of the said Patentees and their Associates, their 
Heirs, Successors, and Assigns forever, upon such Terms 
and Conditions as hereafter are expressed, that is to say, 
that the said Patentees, and their Associates, their Heirs or 



10^)5] MONMOUTH PATENT. 45 

Assigns shall within the space of three Years, beginning 
from the Day of the Date hereof, niannre and plant the 
aforesaid Land and Premisses, and settle there one Ilnn- 
dred Families at tlie least ; in consideration whereof I do 
promise and grant that the said Patentees and their Asso- 
ciates, their Heirs, Successors, and Assigns, shall enjoj the 
said Land and Premisses, with their Appurtenances, for 
the Term of seven Years next to come after the Date of 
these Presents, free from Payment of any Rents, Cnstoins, 
Excise, Tax or Levy whatsoever : But after the Expiration 
of the said Term of Seven Years, the Persons who shall 
be in the Possession thereof, shall pay after the same Kate, 
which others within this his Royal Highnesses Territories 
shall be obliged unto. And the said Patentees and their 
Associates, their Heirs Successors and Assigns shall have 
free leave and liberty to erect and build their Towns and 
Villages in such Places, as they in their Discretions shall 
think most convenient, provided that they associate them- 
selves, and that the Houses of their Towns and Villages, 
be not too far distant and scattering one from another-; and 
also they make such Fortilications for their Defence 
against an Enemy as may seem needful. And I do like- 
wise grant unto the said Patentees, and their Associates, 
their Heirs, Successors and Assigns, and unto any and all 
other Persons, who shall Plant and Lihabit in any of the 
Land aforesaid, that they shall have free Liberty of Con- 
science without any Molestation or Disturbance whatsoever 
in their way of Worship. And I do further grant unto 
the aforesaid Patentees, their Heirs, Siiccessors, and 
Assigns, that they shall have Liberty to elect by tlie Vote 
of the Major Part of the Inhal)itants, five or seven other 
Persons of the ablest and discretest of the said Inhabitants, 
or a greater l^umber of them (if the Patentees, their Heirs, 
Successors or Assigns shall see cause) to join with them, 
and they together, or the Major Part of them, shall have 
full Power and Authority to make such peculiar prudential 
Laws and Constitutions amonofst the Inhabitants for the 



40 XEW JERSEY COLONIAL BOCUMENTS. [16G5 

better and more ordei-ly governing of them, as to them 
sliall seem meet ; provided they be not repugnant to the 
pnblick Laws of tlie (xovernment ; and tliey sliall also have 
Liberty to try all Causes and Actions of Debt and Trespass 
arising, amongst themselves, to the Value of Ten Pounds^ 
without Appeal, but that they remit the hearing of all 
Criminal Matters to the Assizes of New Yorl'. And fui-- 
thermore I do promise and grant unto the Patentees, and 
Associates aforementioned, their Heirs, Successors and 
Assigns, that they shall in all Things have equal privileges, 
Freedom and Immunities with any of his Majesty's Sub- 
jects within this Government, these Patentees and their 
Associates, their Heirs, Successors and Assigns rendering 
and paying such Duties and Acknowledgements as now 
are, or hereafter shall be constituted and established by the 
Laws of this Government, under the Obedience of his 
Royal Highness, his Heirs and Successors, provided they 
do no way infringe the Privileges above specified. Given 
under my Hand and Seal, at Foi't James in New- Yorl' on 
Manhatans-Island, the 8"' Day of April in the 17th Year 
of the Reign of our Sovereign J^ord Chai'lesthe Second, by 
the Grace of God, of I'Jnyland, Scotland, France and Ire- 
land, King, Defender of the l^'aith iSrc and in the Year of 
our LoKD (tod, 1665 

Richard Nkolls 



Colonel Nicolls, Governor of Neio Yorl', to the Duke of 

York. 

[From "New York Colouial Documents." Vol. III., p. 105. No date given.) 

{Fragment.'] I must now descend to the particular occa- 
sion of giving Your R II this trouble, wherein Mv L*^ 
Berkel}^ and S'' G. Carterett are concerii'd, who, (I know 
also) will be so just to nice as to have mee excused for 
manifesting clearly my knowledge to Your R' H*. About 



16G5] GOV. NICOLLS TO DUKE OF YORK. 4Y 

10 dales past Cap : Bollen shews mee a letter from mv 
L'^ Berkeley and S*" G. Carterett and therewith a grant from 
Your W ff to them for all tlie lands to the West of tlie 
Hudsong River as more fnlly may appeare in the said 
grannt, wherein is comprehended all the improveable part 
of Your R' ff his Pattent and capable to receive twenty 
times more people than Long Island and all the remaining 
Tracts in Your li' IP his patent in respect not onely to the 
quantity of the Land but to the sea Coast and Delaware 
River the fertility of the soyle the neighborhood to Ilud- 
sons River, and lastly the faire hopes of Rich mines, to the 
utter discouragement of any that shall desire to live under 
Your R' ff his protection. In short, I hold myself obliged 
to give Your R' ff this account upon certaine knowledge 
having exactly considered and preferred the advance of 
Your R' H^ his reputation and interest in these parts above 
all considerations or obligations whatsoever, and for my 
boldnesse I can at last but begg pardon. JSTeither can I 
suppose that My Lord Berkeley or Sir G. Carterett know 
liow prejudiciall sucli a graunt would prove to Your R' II\ 
but I must charge it upon Cap* Scott who was borne to 
make mischiefe as farre as hee is credited or his parts serve 
him. This Scot (it seems) aim'd at the same patent which 
Your R' ff hath, and hath since given words out that hee 
had injury done him by Your R. H', Avhereupon he con- 
triv'd and betrayed my L'' Bei-keley and Sir G. Carterett 
into a designe (contrary to their knowledge) of ruining all 
the liopes of increase in this Your R. IP his territory, 
which hee hath fully compleated, unless Your R^ It take 
farther order herein. I^pon this tract of land several new 
purchases are made from the Indians since my coming, 
and three Townes beginning; I gave it the name of 
Albania, lying on the west of Hudsons River, and to long 
Island the name of Yorkesh"" as to this place, the name of 
N. Yorke to comprehend all the titles of Your R H^ 
Farre be it from mee to aggrivate any thing beyond the 
bounds of a faithf uU servant, for when it may conduct 



4:8 NEW JERSEY COLONIAL DOCUMENTS. [1065 

most to Yonr R. II. his service, I shall as freely surrender 
up all parts to Your R. 11" his pleasure as it becomes me 
to doe. I presume farther to propose a Letter and a more 
entire tract of Land worthy of i^reat consideration to My 
L'' Berkeley and Sir G. Carterett, which is that part of 
Delaware River, which is reduct from the Dutch, if it is 
not already disposd, if soe than that my L^ B & S"". G. C. 
may have a hundred thousand acres all along the sea coast, 
which is a most nohle Tract of land, but it will cost them 
20,000 lb before it will yield a penny, and their childrens 
children may reap the prufitt, great have beene the abuses 
of false reports, whereof I am now fully satisfied, and yet 
I hope to render a satisfactory account to Your R. H" by 
word of mouth, when it shall please Your R. IP to give 
mee Liberty, and that your affaires heere are upon such 
a foundation as will not be shaken by my absence, for the 
present so it is that every short removall of mine produces 
ill Effects, and in plaine words the Towne & Country cr^' 
out they will leave their dwellings if they can not stay mee 
from going to Boston, such are their apprehensions of a 
Dutch, invasion. 



Oaths of Allegiance, Taken 1665-1GG8. 

[From " East Jersey Records," Vol. II., l)ack of Liber 3.] 

The C)ath of Alogoance taken by the Inhabitants of 
Bergen and in the Jurisdiction thereof Beginning the 22 
November 1065. 

You doe Sweare up(»n the holy Evangelist Contained in 
this book to bare true faith and Alegeance to our Sou" 
Lord Kirnj; Charles the Second and his LawfuU Successors 



1665] 



OATHS OF ALLEGIANCE. 



49 



and to be true and Faithfnll to the Lords Proprietors and 
their successors and the Government of this Province of 
New Jersey as Long as you shall Continue a Freeholder 
and an Inhabitant under the Same without any Equivoca- 
tion or men tall Reservation whatsoever and so help you 
God 



Nov 22, 1665. 



Bergen 



Cap'' Nicolas Verlett 
Herman Smeeman 
Gasper Stenmetts 
Elias Mitchelsen 
Ider Cornellissen 
Hans Diedrect 



Hendrick Tunnisen 
Adolph Hardenbrook 
Geart Garretsen 
Benthal Lot 
Christian Pietersen 
Thomas Fredericksen 



Justice 

Magisf 

Ditto 

Ditto 

Ditto 

Constable 

Tynemant Van Vleckt Town Clarke Cornellis Abrahams 
Cap*^ Adrian Post Ensign Herman Edwards 

Jacob Lieby Herman Court 

Arent Lawrence Renier Yan Giesen 

Jdii Scrutall Jan Eversen Casabon 

Engelbert Steenhuis Joas Yand^ Lynde 

Pieter Jansen Garrett Garretsen 

Lawrence Andries Claes Arentseu 

Derrick Tunisen Lawrence Arentsen 

Douwe Ilarmensen Isaac Yan Uleck [Vleck.] 

L^ Paules Pietersen 



The Oath of Aleagance and Fidelity taken by the Inhab- 
itants of Elizabeth Town under the Jurisdiction thereof 
beginning; the Id^^ Feb. 1665 



You doe Sweare upon the Holy Evangelist Contained in 
this Book to bare true faith and Allegeance to our Sove- 
raine Lord King Charles the Second and his LawfuU 
Successors and to be true and faithfull to the Lords Pro- 
prietors their successors and the Govermen*of this Province 
of New Jarsey as Long as you shall Continue an Inhab- 



50 



NEW JERSEY COLONIAL DOCUMENTS. 



[1665 



itant viider the Same without any E(|uivocation or Mentall 
liuservation whatsoever ami so help you God 



Mr John Ogden Seui" 
Capt^ Tho>* Young 
Michall Siuipkin 
Abraham Shotwell 
Thos SkiUman 
John Woodroffe 
Thomas Leonards 
Jonas Wood 
Jacob Claes 
llodrick Powell 
Luke Watson 
Stephen Crane 
Joakiui Andries 
John Waynes Wayne 
Jacob MouUains 
William Johnson 
John Gray 
Nicholas Carter 
Thomas Pope 
W'n Cramer 
Barnabas Wines 
Tho** Tomson 
Nathi Tuttle 
llob^ Mosse 
Peter Mosso 
Wm Trotter 
Evan Salsbury 



Elizaukthtown 

George Packe 
Thomas More 
Samuel Marsh 
Mones Petersen 
John Haynes 
Caleb Carwithyer 
W'" Olliver 
Humphrey Spinage 
Joseph Phrase 
Zackery Graves 
Peter Wooluersou 
Charles Tucker 
BenjQ Homan 
Jeffry Joanes 
Christopher Young 
Jeremy Osbourne 
John Dickinson Dead 
Dennis White 
John Ogden Jun»" 
David Ogden 
Robert Vauquellin 
Benjamin Price 
Ben: Coucklin 
llobert Bend 
Joseph Bond 
Moses Thompson 
Joseph Osbume 



John Brackett Sen"" 
William Meaker 
Isaac Whitehead 
Nathaniel Bunnell 
Mathias Heathfield 
Jonathan Ogden 
Levaud Headley 
John Parker 
Daniel Harris 
llichard Paynter 
Francis Barber 



An° 1651 ^ 
The Oath of Alegcance and Fidelitie taken by the Inhabit- 
ants of Woodbridge Beginning the 27"' day of February 16^^ 

M'' John Pike Henry Lesenby 

Tho* lUunitield John Freeman 

Samuel More ^ Henry Jacjues J'" 

John Smith John Bisliop Jun"" 

Hugh March Nathan Webster 

(jeorge March Elisha Elsley 

Mamadukc Potter 



1668] OATHS OF ALLEGIANCE. 51 

The Oath of Aleagance taken by the Inhabitants of Nave- 
sink 

Christoplier Ahny Sam' Shaddock 

Nicholas Browne John Havens 

Joseph Parker John Hall 

Francis Master Abra'" I'rown 

Joseph Hnit George Cheete 

Tho^ Wan sick George Hnllett 

Edninnd Le Fetra Jacob Cole 

Robert West Jun'' Gabriel Kirk 

Peter Parker Tlio* Wright 

Edw*^ Patterson Bash Shamgnngoe 

Luis Mattnlx Eob' West Sen^ 

John Slocnni W" Neunian 



The Names of the Inhabitants of Midletcn npon Nave- 
sink that doe. Subscribe to the Oath of Alegeance to the 
King and Fidelitie to the Lords Proprietors — 

And the Oath is this that you and any of yon will bare &c 
John Bowne 
James Grover 



The Names of those that have taken and Subscribed the 

Oath of Allegeance to the King and Fidelitie to the Lords 

Proprietors by the Inhabitants and Freelioldcrs upon the 

River Delawar 

Peter Jegow 

Fabius Houthout 



Letter from Governor Philq) Carteret to those pur^poshuj 
a Settlement on the Delaware. 

[From Manuscript Answer to a Bill in Chancery, in the possossiou of Chailos U. 
Winfield, Esq., of Jersey City. 

New York 27*.^ February 1665.^ 
Mr. WV} Jones and the rest of the undertakers of the 
Plantation upon Delaware bay or River — Si'. — 

\ 1CG5-C Eu. 



52 NEW JERSEY COLONIAL DOCUMENTS. [1666 

I liavc received yours of the loV.' Instant by Captain 
Treat and Mr. Grep;ory for Answer to those alterations you 
liave made in the Articles formerly Agreed upon ; I can- 
not by any means consent unto, in respect that I have 
already sent them to the Lords Proprietors for their Assent, 
but if there be any words Omitted that are ap::reeing to the 
sense and right understanding of the said Articles, they 
shall be added when they are to be Engrossed and Con- 
firmed farther by the Lords, for matter of appeals that 
must be both for the place, and to what Court the Gover- 
nour Council and Generall Assembly shall appoint : for 
matters of theft, we must be Governed by such Laws as 
shall be luade by the Generall Assembly, and it is like they 
may agree with those that you propose, but without doubt 
they Mnll be very Cautious, in the taking away of any 
Man's Life, unless there be a Necessity for ; for Common- 
age there is Provision made for that in the Lords Conces- 
sions as you have here Yerbatim. Y'\'/}. they are to take 
care (meaning the Governour and his Council) that no 
Man if his Cattle stray, range or Graze, on any Ground 
within the said Province not actually Appropriate or set 
out to particular Persons shall be lyable to pay any Tres- 
pass for the same to us our heirs tfcc ; Provided that Cus- 
tom of Commons be not thereby pretended to, nor any 
Person hindered from takeing up and appropriateing any 
Lands so (irazed U])on, and that no Person do purposely 
suffer his cattle to graze on such Lands, which Article I 
supjiose will Answer your Ex})ectation concerning that 
])articular and therefore need not to be incerted in any 
Article ; the 500 Acres Allotted to the Lords cannot be 
altered, it being a great deal less than they Intended by 
their Concessions ; and besides it being Expresst in the 
Articles sent unto them, for the Councill is not to be 
Chosen but by the Lords Proprietors aiul the (rovernonr, 
but Questionless if the Generall Assembly doth recommend 
any able Person to me. I may accept of him. I referr 
you to Cap^ Treat and Mr. Gregorys relation who have 



IdGH] LETTER To SETTLERS ON THE DELAWARE. 5.^ 

read the same in the Concessions, if any Person or Persons 
shall come and Inhabit within the Limitts of your County 
after the three Years Expired may have and enjoy the 
same Priviledges 'as yon do, excepting the proportion and 
the benefit they receive by it, of Lands by which they 
must make a New agreement, but if they take up Land in 
any other C'Onnty — they must be conformable to such Laws 
and Customs as are there Established, Excepting in matters 
of Judgment and Opinion ; in Religion ; for the Pur- 
chasers being out of i)urse and the great Loss they have 
sustained I cannot help them therein ; in my Opinion those 
that Settle with them in that Tract purchased l)y them, 
must pay toward it, according to proportion for the Land 
lie takes up by Patent. I desire to have a Copy of the 
Indian Grant, that I may know the Names of the places 
purchased and the Bounds thereof. I cannot grant any 
Exemption from the payment of the ^ penny pF. Acre it 
being all the advantage that the Lords Proprietors reserve 
to themselves and besides it being so Inconsiderable ; espe- 
cially that every Man pays for no more Land than what he 
appropriates to himself by Patent, that I shall not desire 
any abatement of it for my own particular ; for the words 
heirs and Successors in the Title of the Articles, shall l)e 
Incerted. as also in the first and Second Articles. — In the 
third Article not contrary or agreable to the Laws of Eng- 
land seems to me one and the same, & a thing Indifferent, 
as also the word alteration without Generall Consent of the 
Ereemen shall be added in that and in the K >'.'.' Article. — 

In the Eighth Article as Indifferent Men shall Judge ; 

shall be allowed of in the 10*.!' Article shall be added, and 
for the Transacting and ordering all Affairs, and also in 
the 1-P-}} Article or Freemen of the Plantation. — f(»r the 
IS'.? Article if I see Occasion and reason for it I shall allow 
a larger Extent of Bounds, to a Town or City than is there 
Expresst. — I understand it, your Settlement to be upon 
Delaware bay and liiver — for the fines they are to be dis- 
posed of, by the Generall Assembly for the defraying of 



54 KEW JERSEY COLONIAL DOCtMENTS. [1C6C 

tlie Pn1)lick Cliarge of tlie whole Province, and your 
County beinij a People of" it, will have as i^reat a share as 
any other accordino; to their — dislmrsenients for the Pub- 
lick TTse, it is nnderstood in the 7'" Article that if a man 
Willfully Keglects the recording of their Grant within one 
years time and no otherwise — All which amendments I 
do not doubt bnt will be to yonr satisfaction, and an 
Encouragement to those that are to Join with you with my 
love to yourself and your associates I Ilest — 

[PniLii' Carteret.] 



Colonel Nicolls, Governor of Neio York, to Lord Arlington. 

[From -'New York Colonial Documeuts," Vol. III., p. 113.] 

My Lord \ExtraGt?\^ 

My Lord it hath pleased Ilis Royall Iligh- 

ncsse to grant by indenture to my Lord Berkeley and S"" 
(ieorge Carteret (amongst other tracts of inevitable preju- 
dice to this Colony) all the East side of Delaware River. 
My Inimble coi!ccj)tion & certaine knowledge directs me 
to inforine Yo"" Lo'' that by the imskillfullnesse of the 
informers the West side of Delaware River now seated 
with Sweeds, Finns, and Dutch, is so crnsh'd between the 
Lord Baltimore's Patent on y'^ West side, and the Lord 
Berkeley's indenture on the East, that the present inhabit- 
ants cannot possibly subsist in so narrow a compasse. \\\ 
discharge of my duty to His Ma"*^ I cannot bnt informe 
Yo*" Lo'' that if some course bee not taken to rectify these 
great mistakes, I^ew Yorke, Delaware and the Lord Berke- 
ley's interest will destroy each other; but if His Ma^'* & 
His Iloyall Highncsse shall think fitt to graunt to the Lord 
Berkeley S"" George Carteret and their associates all that' 
tract of land to the AVest side and East side of Delaware 
lliver which was i-ecovered to His Ma"'"'* dominions from 
the hands of the Burgemasters of Amsterdam, Mhich -vvas 



1666] GOV. CARTEftET TO ORATOlf. 6$ 

twenty miles distance from each side of the River, I make 
no doubt but tliat all interests will bee fully preserved, 
and both planters and trade tiourisli in that & this Colony. 

My Lord 

Aprill the 9*" [1Q6C)] " Yo-- LoP^ most humble 

New Yorke and most faithful servant 

To the Lord Arlington K. Nicolls 



Letter from, Governor Philip Carteret to the Indian Seahem. 
Oraton, Ilelative to the Newarh Tract. 

[From a copy in Posaessiou of C. H. Wiufleld, Esq., of Jersey City.] 

Eliz : Town the 26^? May 16G0— 
To Oraton — Honoured Sachamore according to our 
agreements, in our last meeting ij have sent to you 
Cap" Treat, with some others and the Interpreters for to 
make an End — Concerning that Parcell of Land, that we 
were about the other day, and ij have given him full power 
to act with you, concerning the same so much if ij was 
with you myself : and what you do agree with him ij shall 
see you fully and duely satislied ; and as we have been and 
Lived together in unity and Amity ij do wish that it may 
continue it shall not fail of my side, that you may be sure 
of it, and you need not to question that it will prove very 
advantageous to you, and to the People under your Com- 
mand, and as for those Complaints that you did to me of 
the abuses done to you at the Manhattans ij cannot help 
the same but you may be sure that the same hath been 
Committed without any consent or knowledge of the 
Governour and in the future this shall be amended, and ij 
have given him notice of it and ij am very well assured 
that if he hath known the same, for the respect that he 
hath for you he had not suffered it, and ij do promise you 
that if any Man under my Command do wrong you or 
yours upon prove of it he shall be severely Punished, tlie 



56 l^EW JfiRSEV COtOlflAL bOCtMENTS. [1666 

same Justice I do expect from your side and I liope in a 
little time to be able to sup])ly your People with such 
goods as they shall have need of, and not to go to them 
places where they receive affronts ; in a sliort time I shall 
take an Oecat^ion to give you a \'isit in the mean while I 
remain, Are. 



Letter from Governor I'liilij) Carteret to Captdin-s Pod 
and Cornt'lia.^^ Interpreters. 

I From a copy in the Possession of ('. H. Winfleld, Esq., of Jersey City, j 

Eliz. ToM-n the SG^.l" May 1660— 

Capt. Post and Cornelius — 

This letter to accompany Cap.^ Treat and some of his 
Company they are going to Jlackinsack to ()i-aton, there- 
fore so as you have beginned ij pray you to Continue, and 
to go long with tliem to said Oraton and to Interpret my 
Letter that I have written to him likewise to help the said 
Cap* Treat for to bring the Bargain of the Land concerned 
to a period, the same being ended you shall bring Oraton 
and the Owner or at least the Owners of the said Land 
with you ; and to View the said Land, and to j)ut the 
Limitts — according the use and youi- best Judgment not 
more at the present I do remain. — 



P roctamathin of iitreernor Cartent^ Call no/ tlo hird 
Axsinit)! I/. 

I From " East .Tersey Kecorilc," Liber :J, p. 13. 1 

Whereas by the Infinite Goodness, providence and bless- 
ing of Almighty (iod this P'"uince of New Jersey is in a 
proba1)leway of being populated there being a ('onsiderable 
number of families already settled in severall parts of the 



1668] FIRST ASSEMBLY CALtEl). 57 

same and many 'more that in a short tyme are to Come & 

j)lace themselves vnd'' this Gouernment, for the better prop 

agating and Incouragement thereof I have thought lit with 

the advice of my Councell to appoint a Generall Assembly 

to begin the XXV^** day of May next Ensuing the date 

iiereof, for the making and Constituting such whulsome 

Lawes as shall be most needfnll and Necessary for the good 

gouernment of the said Frouince, & the maintayning of a 

religious Communion & ciiwl society one w'" the other as 

becometh Christians w*''ont which it Vmposible for any 

boddy Politicq to prosper or subsist. W/if^r^'fo/'e Tliese 

are in tlie Lords Proprieto''* Names to Will and Recpiire 

all the freeholders belonging to To 

make Choice and appoint Two able men that ai-e freeholders 

and dwellers W-^n the said Limits to be your Burgesses and 

Representatives for you, And they being Impowered by 

yon are to make their personall appearance at Elizabeth- 

towne the 25"' day of May next as aforesaid & there to 

Joine W"' me your Gouerner & my Councell to advise in 

the Manasrement of the affaires that are needfuU and Neces- 

sary for tlie Orderly & AVell Gouerning of the said Prouince 

hereof you may not faile as You and Every of You Will 

answere your Contempt to the Contrary. Given Vnd*" the 

scale of the Prouince tlie seaunth day of Aprill 1668 and 

in the XX yeare of the lieign of On"" Souereign Lord 

Charles the Second of England, Scotland, France & Ireland 

King, Defend"" of the Faitli tfcc. 

Ph. Carteret, 



Sam.uel Maveviche,'^ to Lord Arlington. 

[From "Kew York Cokniial Dooiiments," Vol. III., p. 174.] 

New Yorke in America 
Right IIon"^''- August 25*" 1668 

[Extract^ Shortly after y'' reduceing of 

these parts from under the Dutch to his Ma"^' obedience, 

1 One of the Royal Commissioners to New Englaud, &c. Ed. 



58 NEW JERSeV COtONtAL DOCUMENTS. [lC6S 

the Lord Jii'' Berkeley and Sir George Carterett sent over 
hither to take possession of a certain tract of land granted 
to them by His Royal Highness out of his patent, wliich 
liatU proved very prejndiciall to this place and govern- 
ment. Their Bonnds reach from the East side of Dela- 
ware E.iver to the West side of Ilndsons River includeing a 
vast tract of the most im])roveablest land within His Royall 
Highnes his patent. It hath taken away some Dutch vil- 
lages formerly belonging to thfs place and not above three 
or fonre miles from it : the Dnke hath left of his patent 
nothing to the West of New Yorke, and to the East npon 
the Mayne about sixten miles only from Hudsons River 
whereon is but one poore village, Long Island is very poore 
and inconsiderable, and beside tlie Citty there are but two 
Dutch townes more, Sopus and Albany, which lye up 
North on Hudsons river. I supjiose wlien y* Lord Berke- 
ley had that grant, it was not thought he should come so 
neare this place, nor were y*^ inconveniencyes of it known 
or considered. 

I shall not trouble yo"' Lord'^ with further relation of 
matters here, since Coll Nicolls can give you full and 
particular satisfaction l>oth in this or any thing else relatc- 

ing to these ]>arts 

Your Lords"* 

Most humble servant 

Samuki. MaVERK'KE 



Pi'oclamation of the Gmernw and Qmncil Helathie io the 
Inhdhitants of MhJdletmim and jShrewsltfri/. 

[From " East Jersey KccotcIs," Vol. II., I,iber 3, p. 24 ] 

Prohil)itioTi for those at Navesinks to bare any office or 
have any A'^ote in Election till they have taken the Ooath — 

Whereas by the Lords Proprietors Concessions no person 
or persons are to be admitted as a Freed man or Freholders 



16C9] MIDDLETOWN AlJt) ^ttREWSBUHY. 59 

of this Province of New Jersey or to have or In joy the Pri v- 
illedges granted hy the said Concessions nntill tliey liave 
taken or snbscribed to the Oath of ALaegance to our Sover- 
aign Lord the King and his Successors and to be true and 
faithfull to the Interest of the Lords Proprietors tlieir heircs 
and successors it is tliis day Ordered by the Govern'" and 
his Councell that from henceforth no person or persons 
within the Townes of Midleton & Shrewsbury and phices 
Adjacent Shall have any Authority or power to bare any 
Office in an}^ Military or Civil Affairs nor to have any 
Vote in Election or publick business, untill they have taken 
the said Oath of Alegiance to the King and Fidelity to tlie 
Lords Proprietors, upon the penalty of being j)roceeded 
against as Mutineers against the Authority of this Govern- 
ment, and the Disturbers of the Publick Peace and that 
all persons may take Notice hereof M"" Peter Parker the 
swOrne Constable of Shrewsbury is hereby required to Pub- 
lish this our Order in both the aforesaid Townes vfe to fix a 
Copie of the Same in some publicq place or places where it 
may be Seen and Read, & to take Notice with good Suffi- 
cient Witness in Writing, when it was published. Given 
under the Scale of the Province the first day of March 
1668,* and in the one and twentieth yeare of His Majesties 
Raigne King Charles the Second &c By Order of tlie 
Governo'' & Councell. 

Jas. Bollen, Pres* 



Warratif for the Navesinh Men to Produce the Lav\<i 
and to PuhJifth them. 

[From " East Jersey Records," Liber 3, p. 25.] 

WuEREAs there Was a boddy of Lawes made l)y the 
Generall assembly barring date the 30"' May and anotlier 
past the 7 Nov'" last the captions Whereof Where sent to 

1 1G68-9. El). 



60 



NEW .tkRseV coLoiJiAt Documents. 



[1C.69 



tlie Towns of Shrewsbury and Midleton and as I am In- 
formed are by some disaffected p'sons Concealed and not 
pnlib'shed Wlierefore these are. to Will and Eecpiire yon to 
demande the said Lawes In Whose hands or Custodie So 
ever thev are and In Case of Refnsall to take them by force 
and the same to pnblish in both the said Townes of Slirews- 
l)nry and Midleton, hereby re<|nirin<i: all p'sons to be Ayd- 
int*- and Asisting to yon in the Kxecntiun of yo'"(»ftice 6z for 
Yon so dointj; this shall be yo' sutHcient Warrant, (riaen 
\\nV mv hand and Scale the first day of JVrarch l(;r»8 * 




T(. W Pi-.TEK Parkkr Constable of Shrewsbury 



1 1668-9 



1669] WARRANT RELATING TO MIDDLETOWN. 61 



Wamdit from (iotsrnor ('((ii( ret, ]it<iuiraig flu Surrender 
of a Paper, In the Ilaiidx of some Ind'ii'UJaal of Mld- 
dletoicn. 

[From "East Jersey Records," Liber 3, p. 25. | 

A Warrant to Re(|iiire a paper signed by the In- 
habitants of Midleton ag* the Lawes 

TJiese are by the advice of my Couucell to Require You 
to (leinaiide a certaine paper Subscribed by the Inhabitants 
of Midleton Concerneing the Oposition of the Lawes in 
Whose liands or Custodie Soever it Is in and in Case of 
Refusall to take it by force and to Conway or bring the 
same vnto me and my Couucell Recpiiring all p''sons to be 
ay ding and assisting Vnto you in the Executing of this 
Ord'' and for yo'' so doing this shall bee Your sufficient 
Warrant ; Given Vud*" my hand and Scale the tirst day of 
March 1 668.1 

To M"" Peter Parker Constable [Pii Carteret] 

of Shrewsbury 



Gocernor Carirrdto Surt'ei/or Genered VadquiUln. 

[From Woodbriilge Town Records.] 

To M"" lioiiERT Van Quellin''* alias La Prairie Sir 

In anserr to yours of the 8'' instant I doe not understand 
that the to\vne of Woodbridge liatli, any power to dispose 
of the Lords proprietors Lands without tlier ajirobation ; 
and Contrary both both to ther laws and ther own Articles ; 
when it is thers accordingly to ther charter, they may doe 
with it what they please, till then it is at the Lords pro- 
prietors disposing; therfoie without any more serimonies 
if there be any that are so contentious and will not pattent 
ther land, lay it out to those that will, and let them go and 
look for land where they can gett it ; for Amboy I won- 

1 1668-9. 2 Yanqnilliu. Ep, 



62 NEW JERSEY COLONIAL DOCUMENTS. [1670 

der M"" Pere [Pierce] should be so unadvised as to s]>eak 
any more Concerning itt ; lie knows it was reserved for the 
lords in lew of the seventh purtt, therefore may sett his 
hartt at rest, for that he shall never have, and if he will not 
])attent that land that is allotted for him, you. may lay it 
out amongst the rest, to those that will, I was absent when 
several of your towne brought Corne which Champine did 
reseve but uot upon Accop'' of Ilcnt do to the Lords ; he 
hath kept an Exact Accop"^ of what he hath reseved from 
every particidar man which I will be accomptable for and 
will give 110 reseit to any of them upon Accop* of Rent, but 
to those that have pattented ther lands, therefore tlie policy 
in that will faile them. 

For the Piscataway men ther dividing of ther meados 
and land without order will signifie nothing for I am about 
to pattent ther land to particular persons which will be glad 
to have it upon the same conditions they might have had 
itt, and to turne them out of the contrey ; and then lett 
them go into ingland ; and disput it in law with the Lords 
proprietors who hath the greatest interest. I have not 
more att present but that I am 

Sir y Assured friend 

4 Aprill 1670 Philip Carteret 

[Appended to this was the warrant authorizing the Sur- 
veyor General to survey the meadows and lands irrespec- 
tive of the claims of those who would not take out patents.] 



Order from Governor Carteret Enlarging the Author'dij of 
the Court at Woodhridge. 

[From "East Jersey llecordf!," Libor 3, p. 36.] 

Order for the Court of Woodbridge to try all Causes 
OUT OF their Jurisdiction that shall be brought 
before them. 

Whereas there Is no Court of Jurisdiction Established 
Within this province but for the Townes of Bergen & 



1670] COURT AT AVOODBRIDGE. 63 

Woodbridge Whereby any Actions of debt or otherwise 
Can be Lawfully tryed according to Law, 1 liave thonglit 
Fitt for the mere Ease and Conveniency of the Inhabitants 
of the said pronince to appoint Eyther of the said Courts 
t71iich shall be the Nearest Adjacent to the parties Com- 
plainants to have all sucli Causes Tried by Eyther of the 
said Courts as shall be directed vnto them by Warrant 
Eyther from my selfe or by the Justices of peace In Core- 
ham or Eyther of them. These are therefore to Will and 
Request you M"" Peter Parker Justice of the Peace and 
president of the said Court of Woodl)ridge and Your 
Assistants to take Cognizance of all such Causes that shall 
be directed and brought before you betweene party and 
party. Or other Wise as aforesaid, although any Articles or 
Limitations by your Charter to the Contrary Not With- 
standing and for Your so doing This shall be your suffi- 
cient Warrant durantum placeter. Given Vnd'" my hand 
and Scale of the Pronince the 20^^ day of Octob'" 1670 

Pii Carteret. 



Governor Carteret to the People of Woodhrklge. 

[From Woodbridge Town Records.] 

To JVP John Pike Justice of Peace and President of the 
Cort att Woodbridge, his Assistants, and to all other 
the well affected persons of that Corporation or whom 
it may Concerne, greeting : — 

Whereas I have Reseved information that ther arc seve- 
rall persons which you have Admitted to have ther voices 
in y® towne metings, that have not any Land Surveyed and 
pattented according to theire Articles and the tenner of the 
Charter granted to your Corporation, But on the Contrary 
in Contempt doe AVilfully neglact the same, against the 
Lords Proprietors Authority, and to tlie prejudic and 
hindrance of all other honest minded men, as also the 



64 NEW JERSEY COLONIAL DOCUMENTS. [1670 

indangerinij; of tlie breach of your Charter hy y*" suftiring 
of sucli lualigiiaiit Sjiirits to live amongst yon, or to have 
anything to doe in yonr publick afairs, for tlie preventing 
M^iereof I have thought good by tlie advise of my Counsell 
to signify this unto yon ; That all snch persons that are not 
eonformeable to the Tenner of your Charter, and that have 
not pattented ther lands accordingly are not from this day 
forward to Accompted as freholders, and by Concicpience 
are not to have any ofice whatsoever ; nor to have any vote 
or voice in your towne metings u])on any publick business 
whatsoever ; nor yett to in joy any lands within the bounds 
of yonr Corporation ; but shal and may be lawfull for you 
to dispose of those Lands intended for them for the other 
persons that will be ol)edient or submit themselves to the 
laws and government of the province according to the 
Lords Proprietors Concesions and the tenner of your Char- 
ter ; which I doe hereby promise to continue, and in defalt 
hereof on your partes I shall prosede to dispose of the said 
lands and tenements, Acccording to the tenner of your Char- 
ter mentioned in the second Article ; given under my hand 
and scale of the province the 25 day of ( X'f Ano 1670, and 
in the too and twentieth yere of his ma"^'*"** Raine &c 

Philip Cakteret 



Proceeduxjs A>j(in),st ]\ tUldm Ilackitt, i'a^Aum of the 
iSloitp I ndi'iU'oi'. 

I From " East Jersey Records,'' Deeds, Liber 3, pp. 75-77. J 

Record of Proceedincjs against William Hackett, Master 
vfc Comand'' of the Sloop called the Indcavor of Salsbery in 
the Countey of Norfolk In New England, (as IfolloAveth.) 

The Governo*'* Warrant 

Wheras a certain Vessell or Ship hath lately come into 
this Province and hath at Woodbridge bine unloaden cfe 
loaden contrary to an Act of Parliam^ Intituled An Act 



1C71] PROCEEDINGS AOATNST WM. flACKETT. Cut 

for the Iiiconrageineiit of trade ; And that the Master of 
the said Vessell or Ship liath not w"'in the tynie specetied 
In the said Act Given Inventory of the Goods & loading 
of the said vessell : These are in his Maiesties name to Will 
& Reqnire jon forthw"' to make seisnre of the said Vessell 
till tyme convenient for the tryall & hir to Detaine & 
Keep for his Maiesties nse ; And to observe ord"?* from mee, 
concerning the same. And hereof you may not faile as 
you will answer the contrary at yoV perrill : 

Given und' my hand the fifteenth Day of May Anno 
Dom. 16 71. 

Signed by the Governo'" 
To Claude Yallot, Phillip Cakterett 

Richard Skinner 

William Jones & Richard Michell. 



May 16^*^ 1671 

Att a speciall courte held att Elizabeth Towne in the 
Province of New Jarsey by Com'ission from the liono^.'^ 
Phillip Carterett Es(|r Governo"' of the said Province und'.' 
the Lords Proprietors were p^snt In Com'ission : Cap^ W'" 
Samford President, Mr Robert Vauquellim ; M!" Robert 
Treat Mr W? Pardon : the Com'ission was read Before 
whome were called Phillip Carterett Esq'" Governor of the 
Province of j^ew Jarsey in the behalfe of his maiestie 
Charles the Second pit : And William Ilackett Master & 
Comand'' of the Sloop called the Indeavor of Salssbery in 
the Countey of Norfolk in New England Defend^. The 
Jury being impaneled cV: sworne were Beniamin Price fore- 
man, Nicholas Carter, William Pyles George Ross, Barna- 
bas Wynd, Nathaniell Bon'ell Mathias Hetfeild John Wyn- 
ings, W".' Oliiver, Stephin Osbiirne, W'" Meakcr, John 

Woodroff. 

The Oath. 

You shall well & truly try all sucli Action or Actions as 
shall bee delivered to yoii by this CJourt & a true A: pfect 
Yerdiet thereof Returne according to vo'.' Evidence : vo'.' owne 



or* NKW .IKKSKY C'OLOXIAI. lux IMKNTii. [lOTl 

c% ffellowes Councills you sliall well & truly kee]) uiitill the 
same hee Demanded in oj)eri Court. Site lielj) you (tod iS: 
tlie Contents of tliis book. 

Tlie Plaintiff Declareth against the Defend! Tn the be- 
lialfe of liis Maiestie In an Action of the Case; for that hee 
the Defend!^ haveing noe Regard to tlie observation & Keep- 
ing his maiesties laws made, And by Act of ]*arliam^ passed 
in the tifteenth yeare of his Maiesties Raigne but contrary 
thereunto hath presumed to come into this J*rovince w'** 
his Sloop & there eontinnued for the space of eight or tenn 
Dayes or more, unloding A; Loading his said \'essell or 
Sloop, never making any Entry of his said N'essell or 
(roods, all yv''^ is contrary to Lawe A: for which by Act of 
I*arliam^ the said \^essell or Slooj) being now seized by the 
Plaintiff for the King is forfeited w"' hir Loading, (lunns, , 
tackle fnrniture, Amunitiou A: aparrellto bee dis])osed oft" 
as In the hiAV p'vissicm is made, foi- all w'"'' the Playntift' 
brings his Action A: (h-a\eth .ludgeni! of this Court. 

The Defend! pleadctli not guilty of the Declaration, 
Evidence being taken the Jury haveing heard the pleas, 
Went forth : <Sc upon a second ct third goeing forth De- 
clared to the Court that the matter committed to them is of 
too great waight for them. And Desires the Court to make 
choice of other Jurymen, Whereupon the C(nii't Adiourned 
till fui'ther order. 

May 18^'' 1671. 

The Court satt againe A: a new Jeui-y Kmjtanncld. Cap! 
Nathanill Sayle foreman. Mi" Samuell Hopkins, Mr John 
Pisho]) M!" Samuell Ilayle, Cap' Tiiomas Young. M!" Jona- 
than Dunham, M"" William Douglass, M!" Lawrence An- 
dreas, M!"Hanse Didrick, Cap* Adrian Poste Mr John Perry 
Jun!" M!" Mathew Punn, the case was pleaded upo' the 
Declaration. Wittnesses sworn : The Oath. — You shall 
well and truly try all such action or actions as shall bee 
Delivered to you by this Court S: a true cVr pfect verdict 



lOYl] PftOCtiEDIi^GS AOAlSrsT WM. ilACKE'I't. C7 

therof returne according to yoT Evidence : yoV owne & fel- 
lowes Conncille you sliall well and trnlv Keej) until 1 tlie 
same bee demanded in open Court. Soe help you God & 
the Contents of tliis book. 

The Declaration. 

Phillip Carterett Esq"" Governo"' of the Pi-ovinee of New 
Jarsey in the behalfe of his maiestie Charles the Second 
plaintiff : M^ William Hackett Master aiid Conrandi" of a 
Sloop called the Indeavor of Salsbery in the County of 
Essex in Ncm' England Deft'endl' : The Plaintiff Declareth 
against the Defendant in behalfe of his Maiesty in an 
Action of the Case ; for that hee the Defendant haveing 
no regard to the observation and keeping his Maiesties 
Lawes made & by Act of Parliam^ passed in March '25^'^ 
1664 : but Contrary thereunto hath presumed to come into 
the Province above said w*?* his Vessell or Sloope & their 
continued the space of Eight or tenn Dayes or more, unlad- 
ing and Lading his said Vessell or Sloope never makeing 
any Entry of his said vessell or goods all w'"'' is contrary to 
Law, and for w'^'' by Act of Parliament the said Vessel! 
or Sloope being now seized by the pF.^ for the King is for- 
feitt w'l* hir loading, gunns tackle furniture, Annmition & 
Aparrell to bee Disposed of as in the Law Provission is 
made for all \vhich the plaintif brings his Action and 
Craveth Judgem* of this Court, 

The Defend^ pleads not guilty of the Declaration, Witt- 
nesses were sworne, William Sargeant & John Bishop 
Sen'.' whoe gave in Evidence that the said W"' Hackett 
after his arrivall at A¥oodbridge had notice that hee should 
enter his vessell w*'?' notw'.''standing hee did neglect. Saying- 
words that it was needles, 

W™ Hackett the Defendant iiinketli ins I'cply as fob 
loweth, 

1. that hee the Defend' was ignorant of any such act of 
Parliam' bynding to enter vessells in every port haven or 
harbor when they shall arrive. 



OS NEW JERSEY COLONIAL DOCtJMENTS. [lOTl 

2. liee siipossetli that y^ said Act of Parliain' respectoth 
not small vessells that trade on this Coast from towne to 
towne that they shall bee bound to enter their vessells in 
every towne they come to for the cause of making that 
Law and the only End & intent therof was for the advance- 
ment of the Kings Custom, & to prevent fraud c^' Deceii)t 
therein c*c its a sure rule take away the cause A: the Efect 
Ceaseth for tlie King hath noe custom or imposition from 
thesse pts nor officers for such Ends A: pur})oses Established 
therfor Arc. 

3. the Law was never })ublished in this Province w*^l' 
maketh it not to bee a law in this place & where their is 
not law their is not transgression for although it bee pub- 
lished in all pts else nntill it bee published in this province 
and such other near plantations it camiot nor is not to bee 
a Law unto them. 

4. it hath not blue the Custome of this place to recpiire 
the Entry of Vessells arriving heere all the tynie since the 
Setleml^ of this i)rovince w'"'' if it had the Defend! should 
have had notice of it by other Vessells that formerly hath 
bine heere A: then hee would have entered his vessell as 
others had don, but there being noe such Custome in these 
parts & noe such law published the Deift. came not into 
these parts in such a presumptions manner not haveing 
regard to the Obsei'vation of his Maiesties J^aws as the 
plaintiffe hath Declared in more Gennerall terms then hee 
is able to make apeare. 

5. the Deft would have Entred his vessell as aforesaid 
if there had bine any Law oi- Customary practice in this 
place foi" Doeing soe as well as Entred his Vessell in New 
Yorke where he knew it was the Custome & Law of the 
place soe to doe for the Defend! his intention was not to 
defraud the King of any of his Custonu's in these pts by 
the not Entring liis A^essell. 

('>^y. The Defend* saith and can sufficiently ])'\e that as 
soone as hee arrived w"' his vessell to this porle hee tend- 
ered the Entring the said vessell to the plaint*. 



1671] PROCEEDINGS AGAINST WM. HACKETT. 69 

7^7. The Defendant acknowledgeth that hee was at 
Woodbridge and other Seaport townes of this pvince & 
Stayed there w'? his Vessell some dayes and loaded some 
goods there but possitively Denj^eth that hee did there 
breake any of his Maiesties Lawes in soe doing for ther was 
noe Othcer established in that pt. to take the Entry of Ves- 
sells by the plaintif w*^!' the Defendant Suposeth the plain- 
tif ought to have done if the Said Law had bine published 
& put in use in this prvince. 

8'.y. The Defend^ alleagetli that his said Vessell the In- 
deavor is not lawfully arested by a publick Officer nor 
arested at all for there is nor was not any broad arrow sett 
upo' her Main'Mast nor was there a broad arrow sett uj)on 
her Deck by any publick officer by virtue of any w^arrant 
from the Governor luit the said Vessell is stopt by the 
plaintiff, liir sailes taken ashore & men put on bord, and 
the efect cV: Company turned out of hir whereby the Ves- 
sell js much Damnified : Is^ow originall writts being the 
beginning of law it there being noe such writt for the 
Seasing the Defendants Vessell extant nor ever w^as, nor 
shee lawfully Arested : the plaintif Doth by all Law and 
reason faile in his Suitt & the Defend^ may iustly require 
Dam'ages against the plaintiff and to bear all the charges of 
the Suit hereby ariseing. 

D'?' The Defend!' Conceives it to bee Contrary to Law 
that the plaintiff should bed as hee is in this case Seazer, 
informer plaintiff and Judgd. 

lO'i*'. Acts of Parliamt' for the Licrease of Navigation 
and Shipping and for to p'vent frauds and Deceipt in his 
Maiesties Customes in some cases gives one third pte of 
the Seized to the King : one third pte to the Governo!" the 
other third pte to the informer, In Some other Cases gives 
one lialfe to the King the other halfe to the informer not 
to the Governor thereby implying that the Governor of 
any respective Countrey cannot be informer himselfe be- 
cause hee then must necessarily bee both Seazer informer 
plaintiff & Judge of a case of his owne for if it should bee 



TO yV.W .1KRSEY Cor^ONIM, DOtTMKNTS. [16T1 

allowefl ul' in J.;iw that biicli a (luveruu!' nii^ht bue infornicr 
it is like many Sliips & Vessells would bee on as slight 
attempts as this Seized on by (Tovcrnors fur Lucres sake. 

11'.''. The Defend' alleageth the plaintiff being (Tuvernor 
of this pvinee hath Condemned the Vessell allready as by 
his Declaration Doth evidently apeare for hee saith tfe that 
j>oRKitively that the said A'essell, is forfeited w^i*' proceeding 
is absolutly Contrary to l^aw and cannot but have great 
influence on them yf sitte Judges of this case hee being the 
Governol". 

12'^. The Defend! saith tiiere is noe reason or Law that 
hee should bee put or forced to stand to y® Verdict of 
another Juit becausse the former Jury hath by their Ver- 
dict Cleared the Defend'.*' W'ssell nor is it reason or Law 
tliat Juries should be over awed or new fleuries pickt out 
to serve mens pur])oses, therefor the Defend' stands to the 
first verdict of the Jury A: in relation thereunto requires 
the benefitt of his Nationall Law. 

13'.^ his Maiesty hath himselfe in amost eminent Man- 
ner expounded that very ])rtended Clause in the said act of 
parliam*^ concerning entering of Vessells in amost notable 
Case of the like nature that happened in Mary Land upon 
the Seazing of a Vessell there for not Entring according to 
J>aw although in the said Province the said Law is pub- 
lished, And fyned the Lord P>alteinore Eight thousand 
])Ounds stei-ling for the said seizure as is ])ii])lickly knowne 
to many thousands 

IVL the Defendant maketh this his aforegoing answer 
to the plaintifs Declaration reserving to himselfe accord- 
ing to the Lawes of England libej'ty as occassion shall 
re(]uire to answer further. 

()fii('Kks ()atii. 

You shall keepe the Jury w'.''out meat Di'inke and Can- 
dle light or any p-son Coming to heere or Discourse w^'' 
them untill they shall Declare to you that they ai-e agreed 
in their venlict. Soc lielp you God <k the contence of this 



1671] PROCEEDINGS AGAINST WM. HACKETT. Yl 

l)ooke. The Jury went aside and after Some tynie brought 
in their Verdict as followeth. 

Elizabethtowne May 18^^ 1671— 

Att a special! Court their held by the Governor his ordr 
Phillip Carterett Esqr Plaintif In an Action of the Case in 
behalfe of his maiestie and M^ William Hackett DefendHhe 
Jury findeth for the plaintif, the Vess w*? hir furniture 
forfitt. Cost of Court and Jury out of the same, to bee 
defrayede. 

Signed by Nathaxiell Sayle, foremanc 

The Court jiassed Judgem!^ according to the Jurys Verdict. 

The two third pts of the said Sloope was by the Gover- 
no"" Delivered back againe to the use of the imployers and 
owners they paying the sume of tM'enty six pounds thirteen 
shillings & foure pence for je two third pts of the Charges 
reserving sufficient Caution for the other third pt to his 
maiestie as it Avas sold by the Candle the Sum' of . . . . 

William Hackets AtnriTANCE to the Gouerno?. 

Wheras the Sloope Indeavour wherof I William Hackett 
was Master became seized & forfeited by OrdV of Law as 
by sentence of Court at Elizabethtowne in the Province of 
New Jarsey it apeareth, And that the Hon''.*' Phillip Car- 
terett Esqr Governo^ of the said Province hath of his 
favour and goodness Given back and Remitted the two 
third pts of the said Sloope soe forfeited Reserving suffi- 
cient Caution for the other third pte to his Maiesties use & 
behoof e and paying the pportion of Charges belonging to 
the said two third pts w":** I ingage to pay before my being 
reposessed of the said Sloope amounting to the Sum' of 
6i«x & Twenty pounds thirteen shillings & fower pence 
sterling w*:^' favour I doe heerby humbly iSz thankfully 
acknowledge And by these pressents I the said William 
Hackett have remitted released & Discharged And by 
these pi'seuts Doe for nice my lieires Executors <fc Admin- 



72 NEW JERSEY COLONIAL DOCUMENTS. [1671 

istrato^s and those wliot won' iiiv iiiijil.oyors Remitt Release 
ik Discharge tlie said IIoiio''.'' (iovoriiol" his heires Execu- 
tors ife Administrators for ever of and fi-oni all matters 
Actions Cansos of actions, Clajmes tfc Demands whatsoever 
relating to the said Seizure and forfeiture of the said Sloope 
or matters whatsoever to this ])!'sent Day : In Wittnes 
wherof 1 the said William Ilackett have heerunto sett mj 
hand and Seale this thirtieth Day of June in the yeare of 
o"" Lord one thousand -six hundred Seaventy one, 
Sealed & Delivered in ye AVilll\m Hackktt. [seal J 
prsence of 

John Payne 

AVii.liam Pardon, Deputy Socret'y 



Council M'mntes — Indian Murders at Jlatiniconck Island^ 

Delaioare. 

[From 'New York Colonial Documents," Vol. NIL. p. 484.] 

At a Councoll held at Fort James Sep. 25, 1671 

Present The Govorno"" ] 

M-'Mayo' ! ,. ^. ,. , 

,,,. „, ' 1 ot JNew lork 

M' Sheen wyck 

The Secretary j 

Governo' Philip Oarterett ) . t . ^ 

Cap* James Carterett ^ j ' j 

The Occasion of y*^ Present Meeting is the Lett'' brought 
fi-om JVI"' Toms by Peter Alricks about the Murder of two 
Christians (Dutch Men) killed by some Indyans, at the 
Island Matiniconck *-* in Delaware liiver. 



1 Thi8 is the first mention made ol' .Taiiies Carteret, a son of Sir George, who, I'or a 
brief period, attained to some prominence in the affairs of the Province, being elected 
by the malcontents "President of the Country" over the rightful Governor. He 
left the Province in 1()73 for Carolina, but subsecjuently returned to New York, where, 
in 1673, he had married the daughter of Thouiac Delavall, Mayor of the city. He 
ret\imed to Europe subNeciuent to l(i7!i. " East Jersey Under the Proprietary Govern- 
ments,"' "-id Edit., pp. (i7. 68, 72. Ei>. 

3 " Matiniconck, " afterwards known as Burlington Islantl. Eu 



1671] IXDIAN MURDERS ON THE DELAWARE. T3 

Peter Alricks * being p'sent relates what is to y'' Truth of 
the Murder ujion w'^'' liee is examined. Ilee saith the 
whole Xation of the Indyans of whom these Murderers are, 
consists of about 50 or 60 persons. All the Miseheifs 
eoininitted in Delaware these 7 yeares by Murder and 
otherwise, are said to be done by them. 

The Indyans their Confederates (as it's supposed they 
will bee if a Warr follow) with this Xation of the Mur- 
derers, may bee about a thousand persons besides Women 
and Children. 

The Names of the two Murderers, are Tashiowycam A: 
Wywannattamo. 

Peter Alricks declares, That two of y*^ Saggamores of the 
Nation of the Murderers, promised their best Assistance to 
bring in the Murderers, or to procure them to be knockt 
i' the Head, if it be allowed by the Governor. 

Many other Indyans that he mett upon the Road did 
very much disallow y'' murd'' cV: were very sorry fur it, & 
offered their Assistance against them likewise, only the 
Difficulty was, that there were seven of these Indyans, 
Men of the Same Stock, that if the two should be seised, 
the other live would seek to bee Revenged ; soe it was 
unsafe. 

Divers other Discourses between him ct the Indyans he 
related as to this matter. The Proposal! to have y*^ Mur- 
derers destroyed was to cause a Kinticoy to bee held, ife in 
the midst of their Mirth, That then one should be hired to 
knock him i' the head. This by the Sachem. 

Peter Alricks saith : The proper time to sett upon this 

1 Pktku ALRICK.S is first mentioned in connection witti the .settlements on the Del- 
aware, in 1659. In 1665, in consequence of the hostility manifested towards the Enj;- 
lish, his property was conliscated and conferred upon William Tom. In 166S, however, 
he professed allegiance to the English and was placed in possession of Burlington 
Island, but on the Dutch obtaining the ascendancy again in 1673, he was equally ready 
to renounce it. He was subsequently appointed a Justice of the Peace, and filled 
other stations, indicating on the part of the chief authorities some confidence in his ex- 
ecntive ability and general usefulness. It is thought that he subsequently became a 
member of the Pennsylvania Colonial Legislature. — See MS. account by Edwin Salter, 
in ^Tew Jersey Historical Society Library, and references in "'X. Y. Col. Docts.," 
Vol. XIL El). 



74 KEW JERSEY COLONIAL DOCUMENTS. [1671 

Nation of the Murderers is within a Month from this time, 
tor after they'l breake off their keeping tosrether in a 
Towne, 6z goe a hunting, soe bee separated <k not to bee 
found, but now the danger is of their destroying the Come 
and Cattle of the Christians. 

The Occasion y* Murther is said to bee that Tashiowy- 
cans Sister dying, hee exprest great (4reefe for it, and said 

The Manetto hath kill'd my Sister iV: I will go &. 

kill the Christians, Soe taking another with him hee went 
(te executed this Barbarous Ifaet. 



Letter from (Tovirnor Tjirrlncc In Mr. 7<nn,at Delaware. 

[From "New York Colonial Documents," Vol. XII., p. id'i.] 

J/re from ye* Goveno'' to M' Tom at Delaware Septeui 26*'' 

1671. 
M« ToM.i 

I received yo*" Lett' of y® 15"' of vSopteml)er 1671 by 
Hendrick Loaper, wherein you give me an Acet. of the 
Barbarous Murder of y*^ two Christians on Matinicock 
Island l»y y*" Neighbour Indyans. I must confess I was 
much startled at y'^ Narrative, and y'" rather in regard 
Capt. Carr had given mee lately soe full an Assurance, 
that all things between yo" and }*' Indyans were so firmely 
settled, that there was hardly any lioome left for any Dis- 
trust or Jealousy of them, betwixt you and them ; Much 
lesse that soe suddenly after they should breake out into 

1 Cai'T.vin Wn.i.i.vM Tom was tlie (irst English civil otticcr in WpHt Jersey, and one 
of the most prominent and trustworthy early settlers. He came over with Sir IJobert 
Carr, in the expedition under Col. Nicolls, in lt>()4. He was appainted to.sevei-alothcef, 
and, as Sherifl', bis authority extended at one time over both sides of the Delaware, to 
Hurlinjiton Island. This otHce he resigned in Auj^ust, 16~i!. In l(i74 he was appointed 
Cleik of the town of New Castle by (iov. Andros, and subse(|uently a .lusfice, &c. 
It was after him that Tom's liiver. in St)Uth .(ersey, was named. He died in Jan- 
uary, 1(178. See MS. account by Edwin Saltei-, in Xew Jersey Historical Society 
Library ; and references in " N. Y. Coloujal Pocunaents,' Vol. XII. Jit*, 



1671] GOV. LOVELACE TO WILIJAM TOM. 75 

these unheard of Criieltyes S: villanons Mnrth'' w'^^ as their 
Crimes have not Paralell, soe I am assured y*' vengeance of 
(lod will never forsake us, till wee avenge y® Blood of 
y* Innocent on y^ contrivers heads; Had my Directions 
been bravely *Sz vigorously followed by you in the last sad 
Accident, I doubt not but it would have p''vented this ; 
& I pray God this sin be not laid now to your charge. I 
shall by this Conveyance Transmitt but little to you in 
regard I know not how and when it may arrive you, but I 
reserve my more ample Instructions, w'* I will send by 
Peter Alrick, wdio To-morrow will Imbarque in Tom the 
Irishman; However if this arrives you first I would have 
you to pretermit noe time, but to bethink how a "VVair may 
be prosecuted on those Villaines ; And in regard it will 
require some time, till all Things be brought in Order to 
y*^ best Advantage of Compassing our Designe. I think it 
requisite that all y^ ffrontier Scattering Plantacons be 
ordered immediately to thrash out or remove all their 
Corne, as likewise their Cattle, that soe they may receive 
y*' less Damage by the Effects of y*^ Warr w'^'' will ensue. 
Next that none (on paine of Death) presume to sell any 
Powder, shott, or Strong waters to y*^ Indyans, and that in 
the nieane time you carry (if practicable) a seeming Coni- 
]ilacency with that Nation by either Treaty or Traffick, 
that soe they inay have y" less mistrust of our intended 
Designs ; but if it can be soe contrived that that Nation 
will either Deliver up y^ Murtlierers to you, or their Heads 
you have then liberty to assure that Nation of noe Disturb- 
ance till I am acquainted there w*^ ; The (roverno'' of New 
Jersey & Capt. James (^arterett are acquainted w"' all 
o"" Pesoluccons, who this Day repaires from hence to his 
own Government to settle all Things in Order t6 y" bring- 
ing those Villaines to condigne Punishm' hee is very hearty 
A: Zealous in that affaire ; & I am assured wee may depend 
on a handsome & considerable Supply & Assistance from 
him ; I charge you left mee heare from you on all immer- 
gent Occasions, and bethiuke yo'selfes of y" prosecuting of 



76 NEW JERSEY COLONIAL DOCUMENTS. [1671 

a wan\ and thorct'orc make y® best i)rc'para<'()iite in Order to 
it ; If a good Worke were tlirowiie about ]V[atinicock 
House, and that strengthened w"' a considerable Guard, 
It would be an admirable Frontier ; and from thence wee 
might proceed to an execucon when all Things are in readj- 
ness there unto. I am sorry to hear Capt. Carr is soe ill 
as you relate him ; I hope hee may in some reasonable time 
recover strength enougii to follow this Affaire; av'^'' if at 
this time I had not soe many different and considerable 
Affaires to Dispatch, you should not liave receiv'd a Letter 
from mee, but my own person. 

I have nothing more at })'"sent to Add but to assure you 
that I am 

Yo"' \ery Affectionate Fi-iend 

Fkan. Lo\ elace 



Coiiiiril JIniiifi -I/ii liiihitn M iirdi rs dt J/i'fi/iico/tck 
/.s////!//. I)(hlii'(ii'C. 

IFroiii ''New York Colonial Doiiiineiits," Vol. Nil., )). -infi,] 

At a Councell held by Mutuall Agreement at 
Elizabeth Towne in Xew flersey by y'^ (ioverno'' of 
his Royall Highness Territoryes A: y*^ Governo'" 
under the Lords Pro})rietors of the Province of 
>Jew Jersey y'' 7"' day of IVovember in y'' 2;^'"' yeare 
of his Ma^'*'^ Ileigne Anno(pie Domini 1671. 

I'l'cs' — Governo'" Lovelace 
Guv. Carterett 
W Steenwyck 
W Tho: Lovelace 
* Capt. Berry 
M^ De La Praiie * 
M'' Pardon 
M"" Nicolls 

1 Tlio iiainc l)y which Robert ViuKiuillin, Surveyor CJeuoral of East Jersey, was 
sometimes designated. Ed. 



1671] INDIAN MURDERS ON THE DELAWARE. TT 

Vpoii serious and mature Consideration of wliat liatli 
been returned by the Officers of Delaware in Answer to 
tlie late Ord'*^ sent thither, concerning the Barl)arous Mur- 
der committed by some Indyans on the East side of that 
River upon two Christians at Matiniconck Island, It is 
resolved and Concluded upon as follows : 

jj^pinia 'pjj.^i; j-j^jg pi-esent Season of y*^ yeare is not a iitting 
time to Commence a Warr with y^ Indyans, Mdio shall take 
part with the murderers, as well for the Reasons given in 
Writing from y*^ Offic''^ at Delaware as for other Causes 
debated in Councell ; soe that the p""sent intended Expedition 
thither is deferred untill a more convenient Opportunity. 

2 That in the meane time all Endeavo" bee used by 
persons in Authority in Delaware to have the Murder'"^ 
brought in either dead or alive ; iior the accomplishing 
whereof, if any Reward shall bee proposed or promised by 
the s'^ Offie"'* for the bringing them in, the same shall be 
punctually made good. And for that may soe happen 
that the Malefacto'' by some Strategem or otherwise may 
be taken alive, a Commission shall forthwith be granted 
by his Royall Highness Governo*' & herew*'* sent empow- 
ering and Authorizing the Offic''* and Magistrates, who 
shall therein bee named, to bring them to Condign Pun- 
ishment by putting y^ said Murder'"® to Death in the most 
Publick and shameful manner that may bee, soe to strike 
a terrour & Consternation in the rest of y*' Indyans, who 
shall see or heare of the same. 

3 AVhereas some Resolutions & Ord'"* have been lately 
made at Delaware of their Intentions to retire into Townes 
for their better safety and security against the Indyans in 
case of a Warre, y® said Resolutions are very well approved 
of ; Ami it is Ordered, That at their 1)est cV: soonest C^on- 
venience they bee put in Execution accordingly. 

4 The like Resolucon proposed as to Matinicock, It 
being a ffrontier Place, it is also allowed and approved of ; 
cV: shall bee done at the hrst Convenient time 6z season. 

5 It is also Ordered, That the Inhabitants at Kew- 



7S XEW JERSEY roT.oN'IAT, DOfTMENT^. [1071 

Castle A: i)iirts adjacent upon Delaware liiver bee digested 
into severall Companyes as y® Townes and number of Men 
will permitt ; & n])on returne of tbe Names of the Officers, 
that shall be chosen amongst them to have the Command 
ofsueh ('Ompanyes they shall have Commissions for their 
respective Employments nnder his Ma""* Obedience. In 
the meane time tliose Officers, that shall bee chosen, are ti» 
Act iV: proceed w'"' Allowance, till tliey bee confirmed. 

f> That every Person that can bear Arms from 10 to 00 
rears of Age, bee allways provided with a Convenient pro- 
portion of Powder cV: Bnllett fitt for Service, and their 
mutual Defence, upon a })enalty for their neglect herein to 
1)6 im])osed by the Commission Officers in ( "ommand accord- 
ing to Law. 

T That y*" quantity or ])i'oportion of Powder A: Shott 
to bee adjudged competent for each person bee at least one 
pound of Powd' sS: two pound of Bullett. And if the 
Inhabitants on the Piver shall not bee found sufficiently 
provided w"' for Armes, his Poyall Highness (Toverno"" is 
willing to furnish them out of the Magazine or Stores, they 
being accomptable A: paying for what they shall receive 
to the Governour on his Ordi'e. 

8 That the Places, where the Towne-ships ujion y* 
River shall bee kept, bee appointed it' Agi-ecd upon by the 
Sellout, Commissaryes and the rest of y^ Offic" there 
according to theii- Pro])osall sent, as also where the Block- 
llouses iV Places of Defence shall bee erected as well in the 
Towne as in the liiver. 

9 That all former Prohibitions of selling Powder it' 
Ammunitiiui to the indyans under what i)enalty soever be 
su6])ended or left to the discretion of the Officers, as they 
shall see Occasion untill further ( )i-dei-. 

1<» That noe Coi-ne or Provisions bee transported out 
of Delaware, unless that which is already on board or 
intended to bee shipt in y*' Sloope of Thomas Lewis (now 
in that River) for y^ w*^'' hee shall have a special License 
or Permitt, until further Order, 



16T1] GOV. LOVELACK TO CAPT. CARR. TO 

11 That y^ Offic'"*' & Magistrates at Delaware bee hereby 
Empowered & Authorized to treat with the Neiglibour 
Indyans of the Susquehanas or others to joyne togetlier 
against y** Murder""** & such as shall harbour them or take 
their part, if Occasion shall require, & to jjromise them 
such Reward as they shall think fitt. Provided it bee done 
with great Privacy & Caution, soe that noe sudden 
Jealousy bee given to the Persons intended to bee ])rose- 
cuted or their Confederates. 

12 And Lastly that the afore-recited Officers & Magis- 
trates upon all emergent Occasions doe take Care by all 
Meanes, that shall present, as well as b}^ Expresses, to give 
an Acco*^ hither of what from time to time shall happen 
there in relation to this matter, w'^'* said Expresses & Mes- 
sengers shall be well and duely satisfyed for their paines 
and troubles. 



Letter from Governor Lovelace to Cajjto'ta Carr at Xein- 

Castle. 

[From "New York Colonial Documeuts," Vol. XII., p. 488.] 

Lre from y*" Governo'' to Capt. Carr at Delaware, Dated 

Novemb' 9"' 1071 
Capt. Carr 

The backwardness of y^ Inhabitants in Delaware has 
putt a stop to y" forwardness of those in New Jersey, who 
were ready w'^ a handsome Party to have stept in y^ Worke 
to bring y® Murderers to condigne punishm*. And truely 
I was much ashamed to see such an Infant Plantacon to 
outstrip us, wlio should have been rather an Example, to 
others than to follow them • especially having y** Counte- 
nance of a (rarryson to Boote, and you y^ principall Officer I 
What Ace'' I shall give to his Royall Highness of this 
remissness I know not, othei", but to lay y* blame where it 
justly is due ; ffor, you to receive y^ Dukes pay constantly, 
and y" appearance of Souldyers, and to lett y*" Forte rnnn 
so miserably to Decay, and not employing them in y*^ repa- 



80 NEW .TKRSPIY f'OT.oXIAL TlO('rMKXT>;. [^^*^^ 

racons, when they ditl iiue Duty is but just or perfect Rent 
Charge to y'' Duke, ffor it is not reasonable that his E,: H" 
shoiihl l)ee at that Cliarge, only to allow you a Sallary and 
Sonldyers, and no ffruits appeare of tlieir Labour and 
Industry ; Tis otherwise soe at Albany, w*^** Garryson in no 
respect exceeds yo'", and yett Salisbury w"' his Men have 
made shift to refortify that place very secure ; Besides 
y^ liduibitants not so niucli as digested into any Military 
tfornie, nor halfe of them armed, thongh you have had 
annually Monito'** of y*" Murthers committed on yo"" Inhabi- 
tants : J)elieve me, This remissness will one day be called 
upon ; and how you will Answer it, you best know, though 
I feare. 

What hath now been concluded on will be brought to 
you by Peter Aldrick, to w'' ex])ect a punctuall Comply- 
ance at yo'" perrill. I intend early in y*^ Spring to be w*'' 
you, by w*^'' time I hope you will contrive it soe, that y* 
Murderers may be brought in dead or alive, and likewise 
y*' former Mnrtherers of the Woman and Children at y'' 
Parde Ilooke ; Something must be done considerably to 
wipe off that stayne of yo'' Remissness, or I cannot now 
determine what penaltyes may ensue ; I have both for- 
merly and now Transmitted all y'' Insolency of y^ Indyans 
t<» his R: IP whose answ'' I expect, till when I say noe more 
on that siibjcct, I am, 
Foi-t -lames 10^'' November Yo'' Loveing Friend 

1071 Pk: Lovklack 

AI\- L(tve to all o"" Friends. 



J*r<>c<i<Hi,(js ill (I Sjirc/id ('(itift In hi lit yj'rciilx llitoirn, 
Fchriiiiri/ mill M<ir<-/i, lOT'i. 

I From Itfi-oid in Secretary of Slate's Ortlce, Tionton, Liber 3, page 78.1 

Record of Proceedings at a Speciall Court by commission 
from the lion. Philip (Jarteret Es<i'' (governor of the prov- 
ince of New Jersey February 27'!' 1671. [1671-2.] 



1672] SPECIAL COURT AT ELIZABETHTOWN. 81 

The Court being satt, the commission read, jury called, 
after some debate, the court adjourned till February 28 
following at tenn o'clock in the morning. 

Feb. 28, 1672. [1671-2.] 
The Court sit again, the commission read as foHoweth : 
Whereas comjjlaint hath been made to me of wrongs 
and injuries done by several persons within this province to 
the great anoyance and disturbance of the Peace, and Con- 
trary to the laws and good order which ought to be amongst 
men, I have thought fit and necessary with the consent 
and approbation of the (Tcnerall Assembly held in this 
towne for the Province of New Jersey the 14*^ day of De- 
cember last past, by this my special Connnission of Oyer 
and terminer, to nominate, constitute, authorize and apjjoint 
you Cap* John Berry one of my Council, President of the 
Court for this terme, Mr Bobert Vauquelin, Mr Samuell 
Edsall, Mr Eobert Bond, Cap!^ John Pyke, Cap^ Robert 
Treat & M^ William Pardon or any three of you, to be a 
court to meet together and sit upon Tuesday morning the 
seaven and twentieth day of this instant February at nyjie 
of the Clock at the towne house in Elizabethtowne, within 
this province, then and there to call before you, all such 
person or persons whether plaintiff or defendant, or any 
person or persons whatsoever, against whom Complaint shall 
be made or Charge laid in matter of cryme and fact and 
them to hear either in person or by their atturney or attui*- 
nies, the cause or causes pleaded, and to determine and pass 
sentence upon the same according to law and justice, and it to 
put in execution accordingly and if need be, to make choice 
of a President amongst yourselves ; and if you see cause, to 
adjourn to another day for the doing whereof this shall be 
to you and every of you a sufficient warrant. And all per- 
sons are hereby required in His Majestys name, to give you 
the due respect and observance of a Special Court, consti- 
tuted by the authority of the Lords Proprietors of this 
province and to be ayding and assisting to you in the prose- 



82 NEW JERSEY COLONIAL DOCUMENTS. [1672 

cution of this my fonnnission of Oyer 6c Terminer as need 
shall require. 

Given under my liaiid and seal of the province 
at Elizabethtowne this tenth day of February 
L^" "-^ in the year of our Lord, one thousand six hun- 

dred and sevent}' (»ne 
By the Governors Order Ph. Carteret 

AViLLiAM Pardon, Dep. Sec^ 

JlRV IS WORN 

Mr Jonathan Dunham, (foreman) Mr Samuel Hale Ml" W'" Douglass 
Mr John Bishop Sen^ M^ John Blumfield, M^ f "laus Jansen Pummerent 
M'' John Martyn Seu^ Capf Caspar Stenmitts M!' Hans Diederick 
M'' Isaak Tappan M'.' Laurence Anders Mr Samuel Dennis 

The names of persons summoned and indicted for pulling 
down liiehard Michells fence. 

AVilliam Meaker, Jeffery Jones, Luke AVattson, Nicholas 
Carter, Samuel Mash SenT, John Ogden JunT, Josejih 
Meaker, Ilurr Tompson. 

Feb. 28, 167L 
The Court adjourned their sitting to the eight day of 
March following, and all persons by proclamation then to 
appear by virtue of their former summons. 

March 8, 1671. 

The Court being satt, proclamation made. Oyes ite all 
manner of persons 6zc. The Commissioners present that day 
Cap^ John Berry President, Mr Samuel Edsall Mr Robert 
Bond (M'.' Robert Treat was absent) Cap^ John Pyke, MT 
William Pardon. 

The jury personally appeared and answered to their names 
and the persons indicted viz : W'l' Meaker, Jeffery Jones, 
Luke AVattson, Nicholas Carter, Samuel Mash Sen!" John 
Ogden Jun^ Joseph Meaker, Ilurr Tompson. 

The indictment was read as foUoweth, 

William Meaker You are here indicted in the behalf 
of our eoveraigue Lord the Iving Charles the Second, by the 



1672] SPECIAL COURT AT ELIZABETHTOWN. 83 

name of William Meaker for that jou not having regard 
unto nor observance of his said Majestjs laws, did upon the 
twentieth da}' of June last past with severall other persons 
not less regarding the violation of the good and wholesome 
laws of our Soveraigne Lord the King, by name Jeffery 
Jones, Luke -Wattson, Nicholas Carter, Samuel Mash Sr. 
John Ogden Jun"" Joseph Meaker, Hurr Tompson, all of the 
town & province abovesaid, unlawfully assemble together 
in a Rout and Riotusly did intend, go about, practice & put 
in use, to overthrow, cut breake, cast down or digg up, 
a considerable quantity of fence belonging to Richard 
Michell, with intent that the land lying at the rear of the 
house lot of Francis Barber and George Pack & others, 
then ill the possession and occupation of the abovenamed 
Richard Michell, should remain open, all which is contrary 
to the law, and a breach of the King's peace. 

What say you to this charge 'i x\rc you guilty or not 
guilty ? 

The persons above named indicted appeared in Court, 
and the indictment read to them, departed without enter- 
ing their plea though commanded to attend the Court : 
And Mr Samuel Moore Atturney in the Kings behalfe 
made his plea and evidences taken in court. 

The plaintiff for plea saith. 

First. That none shall enter into any lands in the pos- 
session of another person, but whose entry is given by law, 
and then in a mild and peaceable manner ; but here was an 
entry made by the persons indicted, without any due pro- 
cess in law and in a violent manner. 

/Seeoitdff/. If three or more do meet together, to do an 
unlawful act against the peace, or to do an unlawful thing 
in an unlawful manner, and being met do goe forward in a 
turbulent manner to elfect what they met for and at last 
doe finish their work, this is a riotous act. 

But the persons here indicted, did meet together June 
20^!^ 1671. on purpose to pull down Richard Michells fence, 
and being met, did goe forward and did throw it down to 



84 NEW JERSEY COLOMIAL DOCUMENTS. [1672 

the ground, and laved tlie land open, M'ith intent it should 

soe remain as it appears to this day ; therefore we say, that 

these delinquents thus meeting, proceeding and acting in 

an illegal manner to doe an unlawful thing is a verv great 

breach of the Kings ])cace and by law adjudged to be a 

riott. 

Evidences. 

The evidence of (reorge Pack of Elizabethtown in and 
about the business of Richard Michell fence and houseing 
being thrown down by several persons, and also the evi- 
dence of Richard Micliell taken Feb. 1, 1671, and by them 
Sworn to in tliis court as followetli : 

That the last Summer, he having agreed witli Richard 
Michell upon terms about the planting a peice of land of 
Jiis, for a crop of tobacco, which land was fenced in for a 
crop and that a meeting for our Syde was at Goodman 
Carters, where they warned me not to piich any plow in it, 
whereby I was disappointed of my cropp. and William 
Letts upon the same account, for I had lett him one half of 
the same piece of ground for to ])itch a crop of tobacco, 
wherein we were both disa])pointed. Upon that it rested 
till the town meeting when it was concluded that Richard 
Michell should not have this land, because he never asked 
the townc for it, as they said and concluded to take this 
piece of land from him again, because it was not a full vote 
of the towne, that he the said Richard Michell had it. 
The next morning after the said town meeting, the said 
Richard Michell came to my house, and I went Avitli him 
up to the said lott, ami going up, came to William J^etts 
his house and lighted our pypes, and when we had lighted 
our pypes, people came upon the said ground, (Toodman 
Meaker, the young John Ogden Jeffery Jones and Nicholas 
Carter, and we coming down to them at the corner of the 
said lott, the said Richard Michell forewarned them of 
pulling down the said fence and spake to them of a* riott, 
upon that (Toodman Meaker, put to it and b(\gan to pluck 
down the fence, and then all the rest did the like, and left 



1672] SPECIAL CorRT AT KLIZABETHTOWN". 85 

not off till they had plucked down one side and one end, 
and more he at present saith not. 
„. William Letts testifieth and saith. 

That at the same time when liichard Michell and George 
Pack came to my house and lighted their pipes, I followed 
them down to Richard Michells lott, and when I came 
down following the said liichard Michell and (leorge Pack, 
Goodman Meaker of this towne and his sonn and John 
Ogden the younger and the old Mash of this towne and 
Jeffery Jones and Luke Watson and one of Goodman 
Tompson's sonnes went and pluckt Richard Michells fence 
down, and more at pi'csent saith not concerning these per- 
sons. And awile after, l)eing at my own house, there came 
in Robert Moss and M'.' Crayne of this towne, who asked for 
drink and I having none they went away presently, and 
presently after they were gone, I heard a noyHe and looked 
out and saw the said Robert Moss and M'" Crayne beating- 
down the Claboards of Richard Michells house, and plucked 
up the pallasades of the garden, and before I came, the 
hoggs, within an hours tyme had rooted up and Spoiled all 
that was in the garden, which was full of necessary garden 
herbs. 

Vincent Runyon testifieth and saith. 

That in June last he saw several persons of the towne 
viz. Goodman Meaker of this towne and his eldest sonn and 
one of Ml'Tompsons sonns M'.' Ogdens sonn John and Jeffery 
Jones «fe Goodman Carter and Luke Wattson and the old 
Mash upon Richard Michells lot pulling down the fence, 
and while they were so doing Mr Pardon Came in, then 
they asked him whether he were come to help pull down 
the fence. And MV Pardon answered that he did not come 
to help pull down the fence, but to take notice what you 
do. Then said John Ogden, we do not cair if a hundred 
such fellows as you are, do take notice of what we do. 
And M'.' Pardon answered you speak very sausily, and that 
Luke Watson, did not put his hand as I saw, to pull down 
the fence, but said if 1 am in place its as good, but after 



Bf) NEW jerseV colonial Document?. [16TS 

Ml' Pardon Came, tlien lie heaved one logg off from tlie 
fence, and said you shall not say hut I will put my hands 
to it, and more he saith not. 

AV^iLijAM Cramkr evideneeth and saith. 

that he Xnoweth tliat the abovesaid George Pack and 
William Letts had their plants in readiness for the planting 
the said ground, as he did understand by the said George 
Pack A: William Letts, the plants being upon the same 
ground and ready to sett. 

Pk'HAki) IMicMELL being sworn testifieth and saith. 

That William Meaker and his soim Joseph Meaker and 
John Ogden JunV and Ilurr Thompson were ujion his lott 
and pulled down a great part of his fence, then afterwards 
came Luke Wattson, Nicholas Carter, Jeft'ery Jones & 
Sajuuel Mash Senr and all of them did put their hands to 
pull down the fence. The deponent says that he did fore- 
warn them not to pull down the fence ; and William 
Meaker answered, do you warn nsi and with that went to 
pull it down, then the deponent M-ent away. 

William Pardon being sworn saith, 

That on the 10^'^ June KJTL he was lit a meeting of 
severall inhabitants of this towne, who were met together 
at the towne house and resolved to ])ull down llichard 
Michells fence, and the next moi'uing, went to the said 
ground and saw William Meaker Jeffery Jones, Luke Wat- 
son Nicholas Carter, Samuel ]\[ash Sen' John Ogden Jun!" 
Joseph Meaker and Ilurr Tompsoii pull down the fence of 
Kichard Michells lott. 

Certificate of the Towne record 
June 19. 167L It was agreed by the Major vote that 
Kichard Michcll shoidd not injoy his lot given him by the 
governor. ll]>un information .lune !!•. 1671. it was agreed 
that there should some go the next morning and pull up 
Richard Michell's fence, A Coppie of the towne record by 
me. IsAK AVhitkueai) Clark 

The matter was left to the jury, who went together and 



1672] fiPtectAL COURT AT ELIZABETHToWN. 8? 

the same day at night, the jury brought in their verdict to 
the president sealed up ; and March the 9^'' following deliv- 
ered it into the Court by Jonathan Duidiam foreman, and 
find the eight persons indicted, guilty of a riot, Signed by 
Jonathan Dunham foreman as followeth. 

March 8^" KlTl. 

Att a Court holden at Elizal)ethtowne in the province of 
New Jersey in a case depending between our Soveraigne 
Lord the King and eight persons in the indictment of riot 
specitied viz William Meaker, Jeffery Jones Luke Watson 
Nicholas Carter Samuel Mash SenF John Ogden Jun'' 
Joseph Meaker, Hur Tompson the jury finds the abovesaid 
eight persons, and every one of them guilty of a riott, and 
upon due deliberate consideration return this verdict to the 
Court. Jonathan Dunham in the name and with the 

Consent of the jury. 

The Court accej)teth the verdict. 

Proclamation made, the court adjourned, and all persons 
concerned to attend further order. 

The same day was issued a warrant of summons to the 
Marshall to summon the persons above named viz William 
Meaker and the rest indicted to make their personal ap- 
pearance forthwith before the Court, to hear the result of 
the court concerning the said riott, which is found against 
them, 

March 9'^ 1671 

The Court having snmoned the eight indicted persons 
above named viz: W"^ Meaker, Jeifery Jones, Luke Watt- 
son Nicholas Carter, Samuel Mash SenV John Ogden JunV 
Joseph Meaker <k Hurr Tompson, found guilty by the ver- 
dict of the jury, and they appearing, the court do assess 
William Meaker to pay five pounds and the other seaven 
persons to pay three pounds each man to the use of His 
Majesty, and that the Marshall of the court do distrain the 
said severall sums upon the goods and chattels of the said 
several persons, and the same bring to sale, and return the 
overplus to the owners. ; 



88 NKW JKRSEV roLONIAi. DOcrMENTS. [1672 



ConfiriiKit'idii of Vi'iia'in Privilef/efi to MahUdoirn and 

[From •' Grants and Couressions,'' p. G(i3; " East Jeraej- Kecoids," Liber 3, p. 53.] 

Governor Carteret to the Patentees of Middletown 
AND Shrewsbury. 

I^ew JetHpy Mmj 2S"' 1(572 * 
Upon the address of James Qro^ter^ John Bovme, Riclk- 
ard UarUltorne^ Jonathan ITohnex^ Pattentees, and Jonea 
Ashton, and John TlauHe^ Associates, impoAvered by the 
Patentees and Associates of the Towns of Mhldh'toum and 
Shrewf<hury, unto the (fovernor and (^onncil for Coniirina- 
tion of certain Priviledges granted unto them h}'^ Coh 
Jiichafd Nicolh, as by Patent under Ins Hand and Seal 
bearing Date tlie S*** Day of Aj}?'/'l, Anno Doiiilni, One 
TJa)ti,san(l .^/\ij Ilandrcd Sixtij five, the Governoi' and Coun- 
cil do confirm niito the said Patentees and Associates, these 
Particnhirs following, being their Rights, contained in the 
aforesaid Patent, viz 

Impinnih That tlie said l^atentees, and Associates, have 
full Power, License and Authority to dispose of the said 
Lands ('Xi)ressed in the said Patent, as to them shall seem 
meet 

II That no Ministerial Power or Clergyman shall be 
imposed on among the Inhabitants of the said Land, so as 
to inforce any that are contrary minded to contribute to 
their maintenance. 

1 These towns were not represented in the disorganizing assemblies of 11)71 and 
1672, and I'or their raithfulueas to the Proprietors, and having surrendered their 
claims under the Nieolls' grant, received this recognition of their rights in return, 
in anticipation of the general instrument given by Sir (Jeorge ("arteret on the >ilstof 
.Inly, 107-1. See" Giants and Concessions," p. 50, and " East Jersey Under the Pro- 
prietary (Jovernments,"2dEdit., p. Hi!, note. Ki). 

2 The "East Jersey Records " have the date at ihe foot, prefaced with "Bergen 
Juri.sdiction in the Province of New Jersey," and the names read as follows : "James 
Grover, John Bowue, Jonathan Holmes, Richard Hartshonie, .John Hause and James 
AshtoD Impowered &c.," no difference being made between " Patentees " and " Asso- 
ciatea." £d. 



1672] PROTEST AGAINST .TAMES CARTERET. ^9 

III That all Causes whatsoever, (Criminals excepted) 
shall first have a hearing within their Cognizance, and that 
no appeals unto higher Courts where Sentence have been 
passed amongst them under the Value of T<'n Ponvdx l)e 
admitted. 

lY That all Criminals and Appeals ahove the Value of 
Ten, Poundft, which are to be refered unto the aforesaid 
higher Courts, shall receive their Determination thei-e : 
Appeals to his Majesty, not to be hindered. 

V That for all Commission Ofhcers both Civil and 
Military ; the Patentees, Associates and Freeholders, have 
Liherty to present two for each OfMce to the Governor 
whom they shall think fit, one of which the Governor is to 
Commissionate to execute the said Office, and that they 
have Liberty to make peculiar prudential Laws and Con- 
stitutions amongst themselves according to the Tenor of 
the said Patent Ph. Carteret 

John Berry Lawrence Andress 

Samuel Edsall John Pike 

J(^hn Bishop 



Declaration and Protedation of the GoDevnov and Couned 
Against James Carteret. 

[From " East Jersey Records," Liber 3., p. 53.] 

A Declaration & Protestation of the Hon^"" Phillip Car- 
teret Esq*" Govern'.' of the Province of New Jersey & his 
Councill, unto all the Lihabitants in the Several Townes 
and Plantations in the Province abovesaid as followeth. 

Whereas, We are certainly Liformed of several Ei-egular 
& Illegal proceedings & Actions of several Persons styling 
themselves The Deputies or Representatives for the Coun- 
try, in Attempting the making an Alteration in this Gov- 
ernment by Assembling together at Elizabeth Towne, the 



do NEW .tERSEV C0t,0l4lAL DoCUMEtJTS. [167^ 

toui'teenth day of May Last under the Denomination afore- 
said, without writts from the Governor or without tlie 
knowledj^e approbation or Consent of tlie Governor and 
Couneill abovesaid, cV: by Electint^ a President for the 
Country and making Proclamation publickly of these their 
]lleii:al Actions All which tends only to Muteny and Kebel- 
liun and to the Disquitement of the Peaceable Inhabitants 
of this Province, and is altogether Contrary to the Consti- 
tution of tlie Government and the Interest of the Lords 
Pro})rietors which we are by o' oatlies bound to maintain 
to the ntmost of our Power, according to our best Skill & 
Judgment. We therefore in his Majestys Name do strictly 
charge and Command all and every person or persons, that 
hath had any hand in these Illegal Actings, imediately 
upon Publication hereof to desist from all such Illegal 
proceedings and to yield due obedience unto the Govern- 
ment of the Lords Proprieters and their Governor Phillip 
Carterett Esqr (who is by them commissionated for that 
service) and his Couneill nntill the Lords Pleasure is to 
Connnissionate some other person for that pui'pose and the 
same be Legally Published, which if they shall readily doe 
The Governoi" and Couneill will as readily ])ass by the 
faults by them Committed Judging that they have been 
misled by 111 Advice And that the Chief Actors in these 
Illegfill procedings viz*' those who call themselves Deputies 
for Elizabeth Towne Newark, Woodl)ridge, New Piscata- 
way and one from Bergen, doe within ten days after Publi- 
cation hereof Come and Declare their submission unto the 
Governor & (lovernm! as abovesaid in writing under their 
hands, upon which their submission so declared, We The 
Governor and Couneill doe hereby Promise and Engage 
that their lUegall Actions as touching the Premisses 
before Publication hereof shall be buried in Oblivion, but 
if they the said Persons shall still persist in such kind of 
Illeirall Actions or not declare their Submission as is above 
Expressed, they shall be proceeded against as Mutineers & 
as Enemies to the Government Peace and Welfare of this 



1672] PftoTESt AGAINST JAMES CAftTfiRfiT. Dl 

Province, and we do further declare that o*" hearty desires 
are tliat these Breaches may he peaceahly healed and that 
we may all Live in Peace Love and Amity each with others, 
all persons conscienciously ohserving the respective Duties 
in their Several Stations & Relations, But if these o"" 
desires doe unhappily Fail us of o'" hoped Expectation, We 
doe hereby Declare and Protest against all such Ijlegall 
Actions, & must & shall in faithfulness to the trust reposed 
in us and discharge of o"" oaths put in Execution that Power 
and Authority that we have from the Lords Proprietors 
upon all persons that shall obstinately persist in any such 
Mutinuous Actions or Attempt & if by this means there 
should be any blood shed We do hereby Cleer our Selves 
before God & Man from the Guilt thereof. It is the Gov- 
ernor & Councills pleasure that the Declaration be Pub- 
lished by the Constable of each respective Towne Avithin 
this Province at a full Town meeting, & the Same to keep 
in his Custody & Let any Person or Persons have Copies 
thereof Dated in Bergen Jurisdiction this 2S^^ May 1672. 

Phillip Carteret. 

Robert Vauquellin Samuel Edsall 

John Bishop John Berry 

Lawrence Andres W** Pardon 
John Pyke 



Letter fi'om the Council to Governor Carteret. 

[From " East Jersey Records," Vol. IT., Liber 3, p. 57.] 

To the Hono^f Phillip Carteret Esq"" Governor of 
the Province of New Jarsey June IS*?* 1B72 

Hon'* Governo'', Wee underwritten in the Capacity of 
Councillors to your lionnr. having taken into our Serious 
considerations the many Complaints of the Inhabitants of 
this Province which daily Sounds in our Eares besides 
what we have Seen with our Eyes Concerning the Strange 
and Iregular proceedings of Cap.^ James Carteret and Sev- 



92 NEW .TKRSEY roT.ONIAT. DOCUMKKTft. ['1C72 

erall other persons pretendinti: to Act as Deputies for tlie 
Country Wee Judtre we are by all obligations and duty 
sworne to use our interest Cai'e and Endeavour both by 
Our Advice to your J I on!, or any other ways prevent the 
Mischief feared and to redress what is already Illegally 
Acted. Aiul altlio to Sum ])ersons it may Seenie no hard 
task to l)i-ing order out of this Confusion yet upon delib- 
erate Consideration We finding no means to regulate these 
disorders without the Administration of Justice as well 
upon a person so Near related to one of y^ Hon"'* J^ords 
Proprietoi's as others, M'hose Honn*^ rejmtation and Interest 
together with the Peace of the Publick we had rather pre- 
serve with the Adventure of our Lives & Estate (which in 
this Juncture we hazard) then make use of such Adminis- 
tration and so briiii; a blot and Stayn on that Family ; our 
humble re(|uest therefore is to your Honn'' that you would 
be pleased to Order your All'airs here so as that you nuiy 
in your owne person liepair to England to Sir George Car- 
teret to Accpiaint his Ilonn'" fully of the State of the 
Affaires & (li-eivances of this Province, which we hope 
will produce his Commands u})on his Son to desist fi'om 
Such Ij-egularities & Ord'' him to proceed with other per- 
sons Concerned therein So Praying God to Direct you we 
take Leave and remaine 

Yo"" Honl'^ Humble Serv*" 
Wti-liam Pakoon Lawrenck Anhres 

JiUiN Berrv Robert Yauquiixik 

Samuel Edsall John Bishop 

John Pyke 



Oiuhr Piut}t'i}>'ithi(j thi' Kvt'i'riM' of any AuthorUij i ii Brv- 
(jt It not St(i«i'toio'(l hij the Gmu'i'nor. 

I From " East Jersey Records," Liber H, p. 54. ] 

New Jaisey IT: June, 1072 — 

These are in his Maj"!"* name to AVill & require you that 
in case anie Writt or Writts should be sett up or otherwise 



1672] COMMISSION OF SAMUEL MOORE. 93 

published within the Towne & Corporation of Bergen by 
or under anie other Authoritty then myselfe as yo' Gover- 
nor that neither you nor anie other person within yoT Juris- 
diction yield anie obedience thereunto. But that yo" forth- 
with pull downe all or anie such Writt or Writts or other 
Writeings so j^ublished and cause the same forthwith to be 
conveyd unto mee, as you will answer the contempt of 
this my especiall Warrant. Given under my hand and 
Scale the day and yeare above written. 

[Ph. Carteeet.J 



Coiniiiisi<ion of Samuel Moo re ^ from the, (\)uncU (f Kast 
Jersey, to Hep resent them in Enyland. 

[From "East Jersey Records," Liber 3 of Deeds, p. 1'21.J 

Mr Samuel Moore, 

Haveing comitted the Management of o*" Complaints and 
Adresses to ye Lords proprietors about ye Emergent and 
Waighty affaires of this provience unto o' horn^' Governo'" 
Phillip Carteret Esq!' Wee under subscribed Doe order you 
according to the trust reposed in you to bee ayding and 
assisting to ye sd Governo'' in y'^ managem* & speedy dis- 
patch of the premisses to the utmost of yo"' Capacity and 
power and in case of death sickness or any other thing that 
may prevent o'' Governo'' Acting Effectually herein, our 
order is that you Imediately with as much speed as may be 
make yo'' Adress unto the Lords proprietors of this Prov- 
ince for their speedy and Eft'ectuall settlement of ye 
public affaires of the same, soe as to prevent the outrage 
of ill affected p''sons w'^." tend only to unsettlement <k. 
Kuine, and to assure y^ honest and well affected Inhabit- 
ants of their Lives Liberties and Estates w'''out Molestation 
or Literrnption by violent and Irregular Means. The faith- 
full p''formance whereof will much oblige yo'' friends and 
fellow sufferers in these public Distractions, Dated New 



94r NEW JERSEY COLONIAL DOCUMENTS. [1672 

Jersey July the first 1H72 and signed by. John Berry, 
John Pike, Samuell P'dsall, John Bisliop Robert Vau- 
qnellin, William Pardon & Lawrence Andrissen. 



yl'A//v.v,v iff f/n ('(Hiiicil io tin Loids J*r(>2>ri<f<ii'f!. 

|Fiom " East . Jersey Kecordw," Liber 3, p. 55.] 

To the Kight Hon''''' John Lord Berkley Baron of 
Stratton & Sir George Carteret Knight and Baronet the 
absolute Lords Proprietors of the Province of New Cesarea 
or New Jersey. Tlie A(l(h'ct<f< of us whose names are sub- 
scribed being of the Councill of your Hon*"'^ Governor 
here — 

Humbly shewetu. That whereas Several persons in 
this Province who have a Long time been discontented & 
Oposit unto the Governor & Government who liave of 
Late by their plottings ife Combinations so (^arried mat- 
ters that they have had such Intiuencc into the Election of 
Deputies for the Assemblys as that there are such persons 
chosen as Deputies who having avoided taking the Oath 
of Assem])lymcn according to the Concessions, c\: have 
taken Liberty to differ from the Governor and Councill in 
Kstablishing matters for the Peace and Settlement of the 
People, and have now At last disorderly Assembled and 
procured (^ap' James Carterett as their President, mIio 
JoyiR'd with them in making disturbance in this Province, 
lie taking ui)on him to head the said persons endeavouring 
not only to disingage the people subjection unto, but also 
opposing and abusing the Governor ife Councill, command- 
ing their Obedience to himself by virtue of his Warrants 
M'hich he puts forth in the King's Name for that end, & 
also Prohibiting such Otticere as act by the Governo''* Com- 
mission, and Commanding them wholy to cease acting in 
their oftices untill they receive orders from himself ; and 
unto such a hight hatli he proceeded, that he hath Impris- 
oned Several persons, in ])'ticular the Deputy Secretary, 



1672] ADDRESS OF COUNCIL TO THE PKOPRIETOKS. 95 

for Executing his Office, wlio having by the Governor's 
order made an Escape out of his hands, we understand 
they have seized his goods, and the Like we Expect daily 
will be the Condition of all others that will not concurr 
with his lUegall proceedings, he giving forth Continual 
threatenings against those that doe not obey his orders and 
having persons adhering to him that probably will be ready 
to Execute his Will so as they may have the Plundering 
of o'"" Estates, and all tliese proceedings be carried on with 
pretence that he hath Power sufficient he being Sir George 
Carterett's Sonn and that he himself is Proi:)rietor and can 
put out the Governor as liee pleases and that his Eather 
hath given him his part of the Province ; although he doth 
not shew any grant or Commission or Legal Power to doe 
any such thing, but saith he Scorneth to Shew his Power 
to such fellowes as wee, neither need he so do do being on 
his own Land. And as for the Lord Berkley's part he 
saith that is but a small matter ; so that pretending him- 
self to be Proprietor his proceedings gives the greater 
hopes to his followers, and Consequently are the more 
dangerous as to your Honnour's Interest and the Inhabitants 
peace and safety, both in respect of Liberty and Estate, if 
not Life also, according as their Outrage may prevail : and 
those that doe not submit & yield Obedience to his Orders 
and Commands but doe appeare to be faithfull to your 
Honnours Interest and Government because of their Oath 
they have taken, they are in Continual Danger of being 
surprised and imprisoned by him ; all which Actings of his 
do Evidently tend to the ruin of The Province as to your 
Honno""^ Interest for either we must comply with him and 
liis followers and their proceedings, who aim to get all into 
their own hands, or Else we must remove out of the 
Province, Except he doth prevent us by Casting us into 
Prison ; and although hee be Sir George Carteretts Sonn, 
vfc for his Father's sake we Honnour him accordingly, 
yet our owne reason doth persuade us to believe that his 
jjQj^bie j'ather will never Countenance his son in such dis- 



96 NEW JERSEY COLONIAL DOCUMENTS. [1673 

honrahle unjust A: Violent, pruceedings, whioli tends to 
nothing but ruin ; Tiie Consideration wliereof doth neces- 
sitate & imbolden us to Crave your Honor™ speedily to 
Contrive a sutahle and Effectual means For the suppres- 
sion of these lUcgall and violent proceedings (the particul- 
lars whreof we leave to the (.-Jovernor's Kellation) which 
tends so much to tlie Damage botli of y"" Hon™ and y* faith- 
full Inhabitants, tt preventing them and others ]Vgressing 
in the settlement of the Province, Least the delay of 
Speedy remedy produce such sad Effects here as the Like 
Proceedings formerly did in the Lord Baltimore's Govern' 
ment in Maryland ; one M-ay to prevent which, the Governor 
with our advice hath resolved formally to wait upon your 
Honn'" thereby to Endeavour the Curing this wound by 
speedy Medicine which delay may Cause to Gangrene, and 
to leave Cap' John Berry his Deputy to officiate in his 
Absence. — And furthermore if it may please your Honn"^ 
to Favour us so far as that we may suggest unto your 
llonnours a word or two which tendeth to' remove an 
Impediment as unto those that desire to Come to Settle in 
this Province, and also save Discouragements which is upon 
the Sj)irits of your faithfull Inhabitants, that doe willingly 
Comply unto your Jlonnours Concessions; namely, that 
your llonnours be })leased to Confirm these Charters and 
Pattents already granted by our (Governor and his Councill, 
and also Whereas the Concessions require one half penny 
p"" acre in Currant Money of England, That yor.r noniU)urs 
be pleased to signify under your hands your Acceptance 
tliereof in such Pay as groweth in the (^ountry at Merchant's 
price ; all which being favouralvly Effected we humbly 
Conceive will much tend to the Settlement of the People 
and Prosi)erity of the Province ; — Craving pardon for our 
boldness we beseeech the God of Wisdom to Give your 
llonnours a Spirit of discerning to see where Integrity and 
faithfullness are tixt and where private designs are driven 
at that you may Administer that which is Just and Equal 
to all, Encouragement to those that merrit it and Eeproof 



1672] 



DUKE OF YORK TO GOV. LOVELACE. 



97 



to Evil doers. We wish your Honnours peace and pros- 
perity in this Life and Glory in that to come & subscribe — 
Yo"" Honno""* faithfull & hmiible servants — 





(Xcr^ln^ /p:l^ 



Province of New Jersey July 1^' 1672 



Letter from, the Duhe of York to Governor Lovelace. 

[From "Grants and Concessions," p. 31.] 

Copy of His Royal Highness the Duke of York's 
Letter to Colonel Lovelace. 

Colonel Lovelace, 

I Did in the Year 1664 by Deed under my Hand and 
Seal of the 24th of June, for the Consideration therein 
mentioned, Grant unto John Lokd Berkley, of Stratton, 
and Sir George Carteret, Knight and Baronet, their 
Heirs and Assigns, all that Tract of Land adjacent to Wew- 
England to go Westward of Long-Island and Manhatans 
Island, as the same is Bounded and set forth in and by the 
said Deed, with all Appurtenances whatsoever to the said 
Lands and Premises belonging, in as full and ample Man- 



98 NEW JERSEY COLONIAL DOCUMENTS. [1672 

ner as tlie same is Granted unto me by Ilis Majesty's 
Letters Patents, under the Great Seal of England^ Bearing 
Date the 12th Day of March., in the 15th Year of His 
Majesty's Reign ; of which said Premises they were 
actually possessed by Virtue of an Indenture of Lease by 
me made unto them, all which hath been sufficiently 
notified in those Parts ; both by the said Grantees pub- 
lickly pursuing the End of the said Grant, and by my 
Letters of the 28th of JVovemher 16^54 to Colonel JVirhoUs^ 
then Governor of my Territories in Amenca, signifying 
the same to him, and requiring him and all others therein 
concerned, to yeild their best Assistance in the quiet Pos- 
session and Enjoyment of the Premises to all such Persons 
as my said Grantees should at any Time appoint, and 
Authorize to negociate their Affairs in those Parts. 

Nevertheless I am informed that some coJitentious 
Persons there, do lay Claim to certain Ti-acts of these 
Lands, under colour of pretended Grants thereof from the 
said Colonel jVic/tolls, namely one of the first of December 
16H4 to John Baker and his Associates; and another of 
the 8th of April to William Goldine/ and his Associates ; 
both which Grants (being posterior to my said Grant of 
the 24th oi June) as I am informed are void in Law, and 
therefore I would have you take Notice yourself, and when 
Occasion offers, make known to the said Persons, and to 
all others, if any be pretending from them, that my Inten- 
tion is not at all to countenance their said Pretentions nor 
any other of that kind, tending to derogate in the least 
from any Grant abovementioned to the said John Lord 
Ekrkei.ky and Sir Georoe Carteret, their Heirs and 
Assigns ; and they m}' said (Trantees, having jDromised to 
give effectual Directions to their Deputies and Agents 
there to be assisting to you, I do desire you, and all others 
herein concern'd, in like manner effectually to assist them 
in furthering the Settlement and maintaining the quiet of 
these Parts. Your Loving Friend James. 

Whiiehall 25th of Kovemher, 1672 ' 



1672] MEANING OF THE CONCESSIONS. 99 



The Lords Proprietors' Declaration of the True Intent 
and Meaning of their Concessions. 

[From " Grants and Concessions." p. 32.] 

A Declaration of the true intent and Meaning of 
us the Lords Proprietors, and Explanation of 
there Concessions made to the Adventurers 
and Planters of New-Caesarea or New Jersey. 

I. That as to the 6th Article, it shall be in the Power 
of the Governor and his Conncil to admit of all Persons 
to become Planters and free Men of the said Province, 
without the General Assembly ; but no Person or Persons 
whatsoever shall be counted a Freeholder of the said 
Province, nor have any Vote in electing, nor be capable of 
being elected for any OtKce of Trust, either Civil or MiH- 
tary, until he doth actually hold his or their Lands by 
Patent from us, the Lords Proprietors. 

II. As to the 8th Article, it shall be in the Power of 
the Governor and (/'ouncil, to constitute and appoint such 
Ministers and Preachers as shall be nominated and chosen 
by the several Corporations, without the General Assembly, 
and to establish their Maintenance, giving Jjiberty besides 
to any Person . or Persons to keep and maintain what 
Preachers or Ministers they please. 

As to the General Assembly. 

I. That it shall be in the Power of the Governor and 
his Council to appoint the Times and Places of meeting 
of the General Assembly, and to adjourn and summon 
them together again when and where he and they shall see 
Clause. 

TI. To the Third ; That it is to be understood, that it 
is in the Power of the Governor and his Council to consti- 



loo NEW JERSEY COLONIAL DOCUMENTS. [1672 

tnte and appoint Courts in particular Corporations already 
settled, without the General Assembly ; but for the Courts 
of Sessions and Assizes to be constituted and established 
by the Governor Council and Representatives together : 
And that all Appeals, shall be made from the Assizes, to 
the Governor and his Council, and thence to the Lords 
Proprietors ; from whom they may appeal to the King, 
and that no more Corporations be confirm'd but by or with 
the special order of us the Lords Proprietors. 

III. To the ninth Article : That the Governor and his 
Council may dispose of the Allotments of Land to each 
particular Person, without the General Assembly accord- 
ing to our Directions, as he and they shall think fit. 

Concerning the Governor. 

I. As to the second and third Article ; all Officers 
Civil and Military (except before excepted) be nominated 
and appointed by the Governor and Council, without the 
General Assembly, unless he the said Governor and Coun- 
cil shall see occasion for their Advice and Assistance. 

II. As to the fourth Article, in case of foreign Invasion 
or intestine Mutiny or Rebellion ; it shall be lawful for the 
Governor and his Council to call in to their Aid, any Per- 
sons whatsoever whether Freeholder or not. 

III. That in the Sixth Article, concerning the regular 
laying out of Lands, Rules for Building each Street in 
Townships, and Quantities of Ground for each House Lot, 
the same is left to the Freeholders or first undertakers 
thereof, as they can agree with the Governor and Council, 
and not to the General Assembly, but to be laid out by the 
Surveyor General. 

IV. That all Wai rants for Lands not exceeding the 
Proportions in the Concessions, being only sign'd by the 
Governor and Secretary shall be effectual in Case his Coun- 
cil or any Part of them be not present. 

We the Lords Proprietors do understand that in all 



1672] DECLARATION OF THE PROPRIETORS. 101 

Generall Assembly's, the Governor and his Council are 
to set by themselves, and the Deputies or Representa- 
tives by themselves, and whatever they do propose to be 
presented to the Governor and his Council, and upon 
their Confirmation to pass for an Act or Law when Con- 
firm'd by us. Witness our Hands and Seals the 6th 
Day of December^ 1672. John Berkley. 

G. Carter ET. 

The Declaration of the Lords Pro])rietors to the Inhabit- 
ants of New Jersey. 

[From "Grants and Concessions," p. 35.] 

The Declaration of Us the Lords Proprietors of 
the Province of New-Csesarea or New-Jersey, 
To all Adventurers, Planters, Inhabitants, and 
all other Persons to whom it may Concern 
within any Town and Plantations in the said 
Province. 
We being- made very sensible of the great disorders in 
the said Province occasioned by several Persons, to the 
great Prejudice of ourselves, our Governor and Council, 
and all other peaceable and well minded Inhabitants with- 
in our said Province, by claiming a Right of Propriety 
both of Land and Government. 

I. We do therefore hereby declare, that all Lands granted 
by our Governor to the 28th of July 1672, and confirm'd in 
our Names by Patents or Charters upon Record in our 
Secretary's Office, and under our Province Seal, sign'd by 
him, and the Major Part of his Council, shall remain to 
the particular Owners thereof, their Heirs &c. for evei-, 
with all the Benefits, Proffits and Priviledges therein con- 
tain'd, they performing what they are obliged unto in 
every of the said respective Patents or Charters. 

II. For such as pretend to a Right of Propriety to 
Land and Government, within our Province, by virtue of 
any Patent from Governor Colonel Richard Nichols, .as 



105 NEW JERSEY COLOXIAI. DOCUMENTS. [1672 

they igiiorantly assert, we utterly disown any sucli thing. 
A Grant they had from him upon such Conditions which 
tliey never perform'd : For by tlie said Grant they were 
obliged to do and perform such Acts and things as should 
be appointed by His Royal Highness, or his Deputies ; the 
Power whei-eof remains in us by Virtue of a Patent from 
liis said Royal Highness, bearing Date long before these 
Grants ; which hath been often declared by our Governor 
(and now ratified and owned under the sign Manual of his 
said Royal Highness to Colonel Lovelace, bearing Date 
the 25th of November 1672) who demanded their submis- 
sion to our Authority, and to Patent their Land from us, 
and pay our (^uit Rent according to our Concessions ; 
which if they had done, or shall yet do, we are Content 
that they shall enjoy the Tract or Tracts of Land they are 
settled upon, and to have such other Priviledges and 
Immunities as our Governor and Council can agree upon ; 
but without their speedy com])liance as above said, we do 
hereby Order our Governor and our Council to dispose 
therefore in whole or in part, for our best Advantage to 
any other Persons. And if any Person or Persons do 
think they have injustice or wrong done by this our possi- 
tive Determination, they may address themselves to the 
King and Council ; and if their Right to that LaTid or 
(lovernment appears to be better than ours, we will readily 
submit thereunto. 

HI. Our Order is, that those Persons that were the 
chief Actors in attempting the making an Alteration in 
our Government, be proceeded against according to a 
Declaration of our Governor and Council, bearing Date the 
Twenty-Kajhth Day of May 1672, except they shall imme- 
diately upon Publication hereof make their Addresses to 
our Governor and Council for remission of their Offences. 
And that all Persons that have sustain'd any Loss or 
Damage by maintaining our just Right and Interest since 
the 26tli Day of March 1672 may have Reparation in Law, 
Vith their Charges they have and shall be at in any Court 



1672] DECLARATION OF THE PROPRIETORS. 103 

or Courts within our said Province, that are or shall be 
constituted and comniissionated bj special Commission 
from our Governor, according- to a declaration by our 
Governor and Council bearino' Date the Third Day of 
April 1672. 

IV. That all Grants of Land, Conveyances, Sur\eys 
or any other Pretences, for the Hold of Land whatsoever 
within our said Province, that are not derived from us, 
according to the Prescriptions in our Concessions, and 
entered upon Record in our Secretary's Office in our said 
Province, we declare to be null and void in Law. 
• V. That the Constable of every respective Town with- 
in our Province, shall have Power by Warrant from our 
Governor to take by way of distress from every individual 
Inhabitant within their respective Jurisdictions, their just 
Proportion of Pent due to us yearly, beginning the 25th 
, Day of March 1670, and for his Charge and trouble about 
the same, if they refuse to deliver it in at some convenient 
Place, which the said Constable shall appoint within their 
respective Jurisdictions, by the 25th Day of March Yearly, 
the Constables only to be accountable to our Receiver 
General : And altho' our Concessions say it shall be paid 
in current or lawful Money of England, yet at the request 
of our Governor and Council, we shall accept of it in such 
Merchantable Pay as the Country doth produce at Mer- 
chants Price to the value of Money Sterling, and if by this 
Means we cannot obtain our Rent, then the Marshal of the 
Province shall be impowered as abovesaid, to Collect the 
same at the charge of such the Inhabitants as do refuse to 
pay at the Time and Places as aforesaid. 

VI. That all Matters and Causes which liave been tried 
in our Province by special Commission from our Gover- 
nor, upon which Judgment hath pass'd according to Law, 
be allowed by us and be forthwith put in Execution. 
Witness our Hands and Seals the 6th Day of Decemhev 
1672. J. Berkeley, {Seal.'] 

G. Carteret. \Seal?\ 



104 NEW JERSEY COLONIAL DOCUMENTS. [1672 



Letter from Lords Berkeley and Carteret to the Governor 
and Council of New Jersey. 

[From " East Jersey Records," VoL II., Liber 3 p. 64 ] 

To our Trusty and well beloved our Governor and 
Councell of New Jersey 

Whereas wee have Eeeeived a Complaint made by MT 
William Pardon,^ our Deputy Secretary of our said Prov- 
ince of Several Iiidii^nities Losses and Injuries donn unto 
him by William Meaker Constable of Elizabeth Towrte 
and his Assistance Contrary and against the Lawfull 
Authority Settled by us Therefore these are to will and 
require you to doe the said William Pardon Justice and 
that he may have due Satisfaction for the Losses and 
Injuries donn him of the said William Meaker his Assist-. 
ants and all others, therein Concerned or by either of them 
according to Law. Given under our hands at Whitehall 
the 6*'' day of Decemb. 1672. 

Jo: Berkeley Geo Carteret 



Grant from the Lords Proprietors to the Officers and 
Freeholders of Woodhridge, and to Scmiuel Moore. 

litem the Original in New Jersey Historical Society Manuscripts.] 

To our Governo' & Councill as also to y^ Eeceiv"" Gen''all 
of o' Prouince of new Cesarea or new Jersey. 

Wee doe herein' signifie vnto you or either of you, that 
it is our good will and pleasure to manifest* our grace & 

1 WiLUAM Pardon was one of Governor Carteret's Council, and, as its Assistant 
(or Deputy) Secretary attained considerable notoriety by retaining in his possession 
some documents which were called for by the Assembly. He was arrested by order 
of Captain James Carteret, then in power, and his property confiscated. He fled to 
England, but returned in 107-:!, bringing this letter with him. In accordance with its 
tenor, under date of July 21st, lt37-l, ho received a grant of 500 acres of land, ["East 
Jersey Records," Vol. II., Liber 3, p. 113,] as partial remuneration for his services, 
and was appointed Receiver General. £d. 



1672] GEANT TO WOODBRIDGE FREEHOLDEES. 105 

bounty vnto y® Justices Magistrates & freeholders of y® 
towne & Corporac'on of Woodbridge in y® prouince aboue- 
said so farr foth as to giue vnto them one third part of 
ye high or quitt rents due vnto vs our heires or success''* 
for seuen yeares next to come from y® date hereof after 
w*^*^ time of seuen yeares they y® s*^ Corporac'ons or town- 
ship are to pay the full proporc'on of rent to vs o"" Heires 
and assignes according to their Charters and Pattents. — 

Wee doe further order you o"" Gov'^no'" and Councill or 
Receiv*' Gen'"all to pay vnto Samuell Moore of Woodbridge 
or his order for vs out [of s*^] Quitt rents yearely for y® 
space of seuen yeares next to come from y^ date hereof the 
summ of tenn pounds yearely, the w*^^ wee wall allow of. 

And wee Likewise p'"mitt you to graunt vnto Samuell 
Moore abouesaid yo"" warrant ffor him to take vp Sixty 
acres of Vpland for eacli head that properly belongs to 
him (besides such hee hath already taken vp for) although 
they are not of age according to y*^ Concessions w**^ y® 
Marsh and Meadow ground adioyning thereunto, and if no 
Marsh or meadow be adioyning hee may haue Liberty to 
take so much neerest adiacent thereunto as is allotted to 
y* proporc'on of Ypland according to your discretion and 
when Surveyed to graunt him a pattent for y'* same hee 
paying o!' Quitt rent 

Giuen vnder our hands and Scales at Whitehall v* 7'^'' 
day of December 1672 

Jo Berkeley [Seal.] G: Carteret [Seal.] 



The Lords Proprietors to the Governor and Council of 
New Jersey. 

[From " Giants aud Coucessious," p. 37.) 

Directions for the Governor and Council of New- 
Ccesarea or New-Jersey. 

That the Land is to be purchased by the Governor and 
Council from the Indians, in the name of us the Lords 



106 NEW JERSEY COLONIAL DOCUMENTS. [1C72 

Pkopkietoks, and then every individual Person is to reim- 
burse us, at the same Rate it was Purchased. 

That We the Lords Proprietors will build a Prison and 
a House for the Keeper at our own proper cost and 
charges, out of the Product of the Quit-rents, where the 
Governor and Council shall shall think fit, and that we 
will send over Guns and Ammunition as a Magazine, but 
all other Charges are to be defrayed by the Country ; 
and that all Writs be Issued in his Majesty's Name, 
except the Summoning of Burgessess, which is to be in 
our names. 

That in Case of Appeals, the Appealant if cast upon his 
Appeal, for EngUuul, sliall pay as a fine to the Judge, 
Tioflve Pouiuhs besides all Costs and Damages, and to give 
in Security in One Hundred Pounds there, for the Pro- 
secuting the same within eiglit Months. 

That all Strays of Beasts by Lands, and Wrecks at Sea, 
belong to us the Lords Profrif.tors, and that all Persons 
that shall discover any such thing, shall have such satisfac- 
tion for their Pains and Care, as the Governor and Council 
sliall think fit. 

That the Arrears of the Quit-rents of EUzaheth-Town^ 
Neuiurk, Pinc(it(((iuaij^ and the two Towns of Naoesink, 
and all others that have not paid since the Year 1670 be 
paid to our Receiver General in three Years from 1673, at 
the rate of One Halfpenny a Year for every Acre, besides 
their growing rent, until their Arrearages be satisfied and 
paid. 

That as to the Maintenance of the Governor, we hope 
that the Country, according to the Concessions, will take 
into their Consideration. Given under our Hands and 
Seals at Whitehall^ tiie Seventh Day of Decendter, A/uio 
iMntlnl, 1672. 

J. Berkeley, [Seal.^^ 
G. Carteret. [Seal.] 



1672] KING CHARLKa 11. TO .TOHK BERliY. 107 



Letter from King Charles II. to Captain. John Berry ^ 
Deputy Governor, and to the Council of New Jersey. 

[From '■ Grants aud Concessions," p. 3S.] 

Charles, H. 

Trusty and well beloved, we greet you well. Having 
been informed that some turbulent and disaffected Persons, 
living and inhabitting within the Province of Coisarea or 
New-Jersey^ (the Propriety whereof we have granted to 
our riglitj trusty and well beloved Councellors, John Lord 
Berkeley of ^Stratton, and Sir George Carteret If night 
and Baronet) do refuse to submit and be obedient to the 
authority' derived from us, to the said Lord Berkeley, and 
Sir GrEORGE Carteret as absolute Proprietors of the same, 
to the great Prejudice of the said Lords Proprietors, the 
disturbance of the Inhabitants, and hindrance of the whole 
Plantation there design'd. We do therefore hereby require 
you in our name, strictly to Charge and Command all 
Persons whatsoever inhabiting within the said Province, 
forthwith to yield Obedience to the Laws and Government 
there settled and established by the said Lords Proprie- 
tors, having the sole Power under us to settle and dispose 
of the said Country, upon such Terms and Conditions as 
they shall think fit, and we shall expect a ready Comply- 
ance with this our Will and Pleasure from all Persons 
whatsoever, dwelling or remaining within the aforesaid 
Province, upon Pain of incurring our high displeasure, 
and being proceeded against with due severity according to 
Law, whereof you are to give publick Notice to all Persons 
that are or may be concerned, and so we bid you farewell. 
Given at our Court at Whitehall the 9th Day of l)ereinber 
1672, in the Twenty fourth Year of our Reign. 

By his Majesty's Command, 

Henry Coventry. 



1U8 NEW JERSEY COLONIAL DOCUMENTS. [1672 



Letter from the L(/rds Proprietors to Deputy Governor 
Berry and his Council. 

[?rom " Grants aHd Concessions," p. 39.] 

Whitehall, the lOtli Vecemher, 1672. 
AVe hope as soou as this comes to your Hands, and that 
you have perused these PajDers, which we have sent by Mr. 
Moore, the turbulent Spirits in that Province wnll not con- 
tinue any longer in their obstinate and wonted extrava- 
gancies, but will be satisfied with his Eoyal Highness's 
Letter to Colonel Lovelace, whom we desire you to assist 
on all Occasions, the Copy of which Letter this Bearer 
brino-s with him to deliver unto vou, and when received we 
desire you to publish the same, with all other Orders from 
us to the several Inhabitants, that they may be informed of 
their mistakes, and how they have been mislead, for you 
will find his Royal Highness doth declare, that the Grants 
of Colonel Nicholls is Posterior to our Patent, and there- 
fore both in law and equity the right is solely in us, and 
upon that account we have sent over our Determinations 
concerning the Hold of Lands ; as also our Interpretation 
of some Articles in our Concessions, according to which we 
desire you to act, and not to reside from any of them. As 
for Mr. Bollen, we desire you to order our Receiver Gene- 
ral to pay him out of our Quit-Rents, the Sum of Ten 
Pounds Yearly, for two Years from the Date hereof. 
You will receive some Law Books, to which you may 
apply yourselves upon all occasions, and you shall not want 
any Encouragement from us that may contribute to your 
Prosperity and Welfare, not doubting but that you will 
discharge the trust reposed in 3'ou, with as much Candour 
and Integrity for the Maintainance of our just Rights and 
Intent as we desire to remain. 

Your very Loving Friends J. Berkeley. 

G. Carteret. 



1672] PBOPRIETOBS TO PRETENDED REPRESENTATIVES. 109 



Letter from the Lords Proprietors l/y the Pretended 
Representatives of New Jersey. 

[FVom "Grants and Concessions," p. 40.] 

To the pretended Kepi'esentatives of Elizabeth- 
Towisr, Newark, and New-Piscataway, and 
all others whom it may Concern 

We have received a long Petition from yon, and of no 
Date, yet ont of a tender care we have of your pretended 
Greivances and Complaints, have examined some particu- 
lars thereof, the Governor and Mr. Bollen being now in 
Town, yet we are very ready to do you all the Justice 
you can expect, tho' you have been unjust to us, by which 
means you have brought a trouble upon yourselves, and if 
you will send over any Person to make good your Allega- 
tions in your Petition, (while the Governor is here) we 
shall be ready to hear all Parties, and incline to do you 
right, altho' you have not had such a tender regard of our 
concerns in those Parts, as in Justice and Equity you ought 
to have had : And we do likewise expect for the future 
you will 3'^eild due obedience to our Government and Laws 
within the Province of Meia-Cmsarea, or New- Jersey, and 
then we shall not be wanting to manifest ourselves accord- 
ing to your Deportment, Dated this 11th Day of Deceniher, 
1672. 

Your Loving Friends, 

J. Berkeley, 
G. Carteret. 



Titles to Plantations Between Oldman's Creek and SaUm. 

[From " Pennsylvania Archives," Vol. I., p. 31.] 

Coppies of The Seaverall Evydences by aa°^ }* 



110 NEW JERSEY COLONIAL DOCUMENTS. [1673 

InhaVjitants claime their Seaverall and respective 
plantaeons between Olilnians Creeke and Salem. 

]W John Berry, Esq"", Deputic Gov'"iio'' of y" Province of 
Kew Cfe^aria or Kew Jersey, and liis Coiincell, 

AVke, Jolin L** Berkeley, Barron of Stratton, and Sr 
George Carterett, K* and Baronett, the absolute L*"" Pro- 
prietors of the P'vince of New Ceearia or New Jersey, 
TTave given and granted, and by tliesc p'"sents doe give and 
grant vnto James Bollen, of the said P'vince Secretary, 
A Certain Neck of land, lying and being on the East side 
of Delaware river, Over against Christany-('reoke, known 
by the name of Swart-hooke, With all the Ypland, Mea- 
dows, Woods, iields, pastures, Marishes, Rivers and rivo- 
letts, together w*^** all the gains, protitts and all other the 
a[)j)urtenanccs there unto annexed and ajDperteyning, con- 
tcyning as it is to be Surveyed, Butted and bounded by the 
Survey""- Gen"-, five hundred and forty acres, English 
measure. To have and to hold to him, the s*' James 
liollen, his heirs, Ex*"-, Adm*", or Assignes for ever, after 
the man' of East-Cxreenwich, in free and Common Soccage. 
Yetldtng and paying to the s'' Lords Proprietors, their 
licirs or assignes on every 25'*' day of March, one half-penny, 
yearly, for every one of ye s'' Acres herein conteyned, the 
first paym'' whereof to begin in ye yeare of o*" I/' 1675, 
(4iven viuF ye Scale of ye Province ye (>''' day of June, 
Anno 1673, and in ye 24**" yeare of his Maj"*"' Reigne 
Charles ye 2", ifec. 

Jo**- BLSHor, John Berry,* 

Laurence Andkesse, W**- Saundford, 

AV- Pardon. 

Bv ord of yc Dei)uty Gov"" and his Counccll. 
J A. Bollen, Secretary. 

1 John Berry was at that time actiog as Deputy Governor, under an appointment 
from Governor Carteret, who had gone to Enpland, in July, 1672, to confer with his 
Hiiperiors upon the aftiiirs of the province. Sec "East Jersey Under the Proprietary 
Government*,'' 2d Edit., p. tii>, Ed, 



1673] WEST JERSEY TITLES. Ill 

The said Lands were assigned over to Jnsta Andress, 
And by Justa Assigned to Henry Jeans, ye p''sent Occu- 
pant. 

Cantwell and Johannes Dehaes, Indian Pur- 
chase. 

Wee, Sospanninck and Wicknaminck, the natural! inhab- 
itants of this Province of New Jersey, &c., doe declare to 
have Sold for o''selves and o"" heirs vnto Mr, Edmund Cant- 
well & Mr. Johanes Dehaes, o' Greeke or Kill, called Meg- 
kerk-sipods, w''*' is called in Dutch the land on the South- 
side of Jeremiah's Kill, as far as the Finns-Creeke along 
the River ; ffor w*"^ we doe Acknowledge to have rec** one- 
halfe Anker of Drinke, two Match-coates, two Axes, two 
barrs of Lead, four hand-fulls of powd"", two knives, some 
painte ; and therefore we doe hereby dissist off the same 
land, and doe declare that we have no further or future 
p''tence on the same. Signed by us this 8*^ of ff'eb'", 1673, 
On the Plantacon of Fopp Johnson-Outhout, in the Pvince 
of New Jersey, in Delaware river. 

ToSPUMIXCK, 

Witnesses p'sent, Weinamixk. 

Peter Jegou, 
Anthony Bryant, 
P^opp Outhout. 



Cantwell & \ pj^QyixCE OF NEW JERSEY. 
Jo : Dehaes. ) 

These are to Certifye all whom it may concerne, y* on 
the 20'*' of July, 1672, 1 did give and Grant mito Cap*"^ ; 
Edmund Cantwell & M.^ Jo: Dehaes a Tj-act of Vpland & 
Meadow or Marish in j^porcon, (lying & being on y*' East 
side of Delaware-river, next adjoining to the Finns land at 
Pompion-hooke,) conteyning 700 acres, vpon Condicon 
y* they should purchase y* same from the Indians and setle 
it, w*'^ they having pformed accordingly was to haue a 
Patent for it ; 3^ut my absence, being in England, and the 



112 NEW JERSEY COLONIAL DOCUMENTS. [1673 

coming of y^ Dutch did hinder the Patening of it : Not- 
withstanding there is an Alteracon since by my L**: Berke- 
leys disposeing of his interest to y* pte of y* Countrey, yet 
the B**: Cantwell & Dehaes onglit to enjoy the land as 
being pperly their own Lott, by pmise from me and the 
purchassing it from the Indians, paying the L: Quitt-Rent 
a halfepenny ^ acre, w''^ said Tract of land is Butted and 
bounded as followeth. Beginning at a marked white-Oake 
standing in a Bay by the Riverside, being a bounded tree 
of the 6^ Finns-land & running w**" the s*^ Land East-North- 
East 320 pearches, to a marked Eed-Oake standing neare 
the head of Cantwells-Creeke, and from the s'* Oake vc^^ a 
lyne drawne paralell w**' the Finns head-lyne South-South- 
East 160 pearches, to a marked Red-Oake standing in the 
said lyne by a Swamp-side & from the s'' Oake w'*' a lyne 
drawn East-North -East 160 perches to another marked 
Oake, & from thence North-North-AVest 160 ])earches, then 
West-South-West 160 pearches to the s^' Red-Oake at the 
head of Cantwells-Creek, and from thence w'** a lyne drawn 
North and by West, to a marked Red Oake standing vpon 
a pointe at the mouth of the s'' Creeke 320 pearches, and 
from the s'^ Oake down the River to the First bounded 
Tree ; bounding on the A\"est with the River, On the 
S(Mith-West w*^ tlie Finns-land, On the North w'*" Cant- 
wells Creeke contcyning 700 acree of land and a proporcon 
of Marish thereunto adjoyning. In Witnesse whereof I 
have hereunto set my hand and scale at Elizabeth-Towne 
y"- 22^ day of 8''"'"'", 1675. rniLLir Caktekett. 

By the Gov'no'^ ord'', 

James Bolt,en, Secretary. 

An Answer to Cap'^'"': Cantwell k Jo; Dehaes Application for a. 
Patent for y*^ within mentioned lands. 

Ilaueing heard some Rumo' y' my L'^: Berkeley hath 
disposed of his right to some other psons, y* it is approued 
of by the Duke, I forbeare to giue a further grant or 
Patent till the contrarv be knowne ; But doe Recommend 



lGT3] WEST jEesey titles. 11-5 

Cap'°*. Cantwell & M'' Dehaes Eight, to the Justice of 
Such, ■w'liom it may concerne to confirm their title. Given 
vnd'' my liandin New-Yorke tin's 22'^ day of T'""', 1G7G. 

Androsb. 



Fopp OrTiiouT^s Permitt. 

Permission is hereby granted to M*": Fopp Outhout for 
to take vp a eertaine peice of land for himselfe & his 
heires, lyeing in the woods Joyning vpon the Marish or 
Valley haueing on the North- West-Side Pompion-hooke, 
and streatching on the North-East-side to the J'ish-Creeke 
or Kill, and into the woods as ffarr as the Indians Iiaue 
mark't the same, w**" above s** peece or peel of land is 
granted vnto him to take vp, he paying the Indians and 
Seating the same according to the ord'' of his bono'' the 
Goveruo'' Gen", for w^" [w'^'^?] a patent shall be granted 
Given vnd"" my hand in New Castle in Delaware river in 
the New-Netherlands this 2i'^ of March, 1674. 

Subscribed by Peter Alricks. 

Math: D. Ring, Gierke. 



Survey. 

June, y^ 12*^^ 1675. 
Layd out for flfopp Johnson Outhout a peel of land 
called Goodland, lyeing in New-Cessaria on the Eastern- 
side of Delaware-river, neare the Finns at Pompion-hooke, 
Beginning at A marked Ilickery-tree by a Marish-side and 
running from thence for breadth. West 150 pearches to a 
mark't Oake, And from the said Oake by a lyne drawne 
North for length bounded w"* a Swamp & from the said 
Oake w*** a lyne drawne East 150 pearches to a marked 
white-Oake, \v^^ a lyne drawne South 300 pearches to the 
first mark't Hickery-tree, conteyning 300 acres. 

f me, Hex: Parker, Survey*". 



114 New .IKRf^EY COLONIAL KoC'UMKNTS. [1673 

John IIkndrickson, ] l*ei'iiiission is lieroby urauted 
at One-tree-liooke. ) vnto .John lleiidi-ickson to take 
\\) one j^eece of land on the East-side of this liiver, to 
})egin on tlie East-side of a Small Creeke or gntt on this 
►side the Single-tree, and Noi-th-Kast along the river to the 
iirst Creeke, As well Meadow as wood-land, and sti-eatoh- 
ing Sonth-East into the woods, he paying the Indians and 
Seating and Improving the same according to the ord"" of 
the Right h<.n"'*' (iov'': Oen": for w'", | w'^" (] then a Patent 
will he gi-anted. A( tim in New Castle this 1^8"' day of 
June. 1<>74. Signed l)v Peteu A i. kicks. 



InDIAX PrHCHASK. 

Know all men by these p^sents. Tiiat 1, Osawath, Sole 
Indian own and ])])rieto'' of (^ertaine two Necks oi* points 
of land, lying and being in this Iii\'ei' of Delawai'e, and on 
the East-side thereof over ag' the Ponte aboue \'erdi"ick- 
teige-hooke, the same being called cV: known (by the 
Xpians) Singletree, or Enboome, and by the Indians Emai- 
jens, ffor & in Consideracon of two ^Vfatch-coates, two 
(irnns, two Kettles, two Axes, two knives, two Hoes, two 
Looking-glasses, two double hand fulls of powder, two 
halfe-Anckers of sti-ong-liqiiors, two halfc Anckers, of 
Strong-beere, two Anls, two barrs of Lead, A: two Needles, 
Iteforc the signing and deliveiw hei'cof, to me in hand paid 
by J oil 11 Hendi'ickson *Sz Peter Ilendrickson, both of Dela- 
ware-river, Husbandmen, as also foi- divers other good 
and weighty reasons and ( 'Onsideracons, me, tlio s'' Osa- 
wath, thereunto especially moveing, IIaue given, gi'anted, 
bargained, sold, assigned. Transported and made ovei', and 
by these p'sent doe, give, gi-ant bargaine, sell, assigne, 
Transport and make over vnto them, the s*^ John Ilen- 
drickson Ar l^eter Jlendi-ickson, their heii-es and assignes, 
the above menconed two peells or necks of land, w^'' the 
Marishes therevnto adjoining, the s** land by these p'sents 
sold, lyeth between two Small gutts oi- Pun's, and streatches 



1673] WE8T JERSEY TITLES. 115 

into the woods as far as the great Swamp or Cripple w'"'' 

Ijacks the said two Xecks of land ; To have ik to hold 

the said two peells or Necks of land, Marishes ct p'mises, 

w''^ all and singular the appurtenances, as also all the right, 

title and interest of him the said Ossawath, the right 

Indian Owner or Pprieto'" therein, vnto the s*" John Hen- 

drickson and Peter Hendrickson, their heires and assignes, 

forever. In Witnesse and confirmacon whereof, the s** 

Ossawath hath hereunto set his hand and seale, at Vpland, 

in Delaware river, this 10"' day of June, An° Dom., 

1675. 

Ossawath. 

Signed, Sealed ^ Delivered in y* p'sence of 
IsRAELL Helm, Interpreter, 
Jo: Dhaes, 
John Johnson. 



Lucas Prtok his Permit. 

Whereas M'' Lucas Pictor hath requested my leave for 
the purchasing of a certaine neck of land (over ag' Chris- 
teen-Kill) from the Indians lyeing and being on the East- 
side of Delaware-river, w'^^'in this Governmen', w'^*' an intent 
to plant and inhabit the same. 

These are therefore to pmit and suffer the said Lucas 
Pictors, to purchase the said land from the Indians vpon 
Condition that he shall doe and pforine all such Acts and 
things as are conteyned in the s*^ Pproprieto'"'' Concessions, 
and be conformable and ( )bedient to y*^ lawes of the s*^ 
Province. Given vnd"" my hand and Scale of y" Pvince 
the 10^^ day <>f 7''^^ 1668. Phillip Carterett. 

Lucas his Indian Purchase. 

Wee, Kerpenneming it Mattien-meke, Brothers, together 
declare and know to have Sold to Lucas Pictors alls Peter- 
son all that Tract or peel of land, that he without hindrance 
may live upon, lying upon the South Side of Swai-t-hooke 



116 NEW JEftSEV COLONIAL boCtJMENTS. [iGfS 

A: upon the Xortli side of v"" land of Mattys Mattsey, tfe 
for a 0(^0(1 Coiisidt'i'acon of i^oods. WirrNKSSE o*" mark. 

KoKl'ENNKMING, llis llUirk. 

Mattikn-Meke, his niaik. 
present — ffopp Outhoit. 



Michael Leckoa's Asstgx:\iext vmom Isaac Tayne. 

To ALL HKi>PLE to M'hoiii this p^seiit Writing shall come, 
Isaac Tayne alis Lapier of New-C<astle, in Delaware, Send- 
eth (Greeting: Know yee that 1, the said Isaac Tayne,- for 
a valuable Cc^nsidei-acoiu before the signeing and delivery 
hereof, to me in hand jniid l)y Michael Lacroa also of Dela- 
ware river, where"' T hold and Acknowledge myselfe fully 
satisfied, contented and paid. And therefore doe by these 
p'sents ac(piit, exonerate and discharge the said Michaell 
Lacroa for y* same ; Ilaiie Given and granted, bargained 
8(tld, enfeoffed, assigned. Transported and made <jver, and 
by these ])resents, doe fully and clearly and absolutely 
give, grant, bargain, sell, Transport, enfeolie, assigne, and 
make over vnto the said Michael Lacroa, Senjo'', his heires 
and assignes, the Moiety and equal just halfe part of a 
Certain parcel or Tract of land and Marish, (That is to say), 
the Easter-most halfe lying next vnto the land of ffo])p 
Johnson Outhout, the said land is Scituate, lyeing and 
}>eing on the East side of Delaware-river, ()p])Osit to the 
towne of New-Castle, the whole Tract of land (whereof 
Michael Lecroa is to have the halfe) is bounded on the West 
w"^ the river, On the Kast w"' a (hveke, w'*' divided this 
land from the land of Fo])p Johnson Outhout, on the South- 
West with another (hveke, w'*' divideth this land fi'om the 
land of Cap"'«: Edmund Cantwell t^' M'' Jo: Dhaes, c^: on 
the South-East with the woods, w'*' said land was granted 
to me, the said Isaac Tayne, by (tovcimio'' Phillii) Carteret, 
as by the Orant, vnd"" the hands iSj seale of the said Car- 
teret, Vjearing Date the 24"' day of June, ir»6(», and the 
Indian purchase, bearing date the 20^^ day of July, 1666, 



1673] WEST JERSEY TITLES. 117 

more at large may and doth ap])eare. To have and to 
HOLD the moyety or halfe part of all the afores'* Lands and 
premises w*'' all and singnlar the appurtenances; As also 
all the right, title and interest of me the said Isaac Tayne 
therein, & to the said Michael! Lecroa, his heires and 
assignes viz: the sole and pper Use and behoofe of him the 
said Michaell Lecroa, his heires and assignes forever. And 
he the s'^ Lecroa, his heires and assignes, shall and may, 
from henceforth for ever, more peaceably & qnietly have, 
hold, occujiie possesse & enjoy the said Moyety of land and 
premises w'^^'out the lett or interruption of him the said 
Isaac Tayne, or any other pson or psons whatsoeve, Clayin- 
ing by or vnd*" him. In Witnesse whereof, the said Isaac 
Tayne hath herevnto set his hand and scale at New-Castle, 
in Delaware, this 15'^ day of O''*""", in the 28 yeare of his 
Maj""' Keigne, Ano" Dom., 1676. Isaac Tayne. 

Signed, Sealed & Delivered in y'' p'sence of 
Ep: Hekman, 
Jo Dhaes. 

[i\\>te in the, '' ^4/v7///,V'.s-."] I hane followed the method 
in the Originall, though in some places Non-sense & false 
Orthography. J. N. 

As FOR Jean Paul Jacquet, who hath been disj)osest of 
Some land on the East-side of Delaware-river, of w*^** he 
was in possession at y® last coming in of the English Gov- 
ernm'^, he is to be reposest and yo^ are to take ord"" about 
it, And if Occasion the Connnand"" is to assist therein. 

Andross. 
To y* Command' & Co", at New-Castle, in Delaware. 



TfiESE may Certify all whom it may concerno, that I, 
John Colier, Command"" in Delaware, on this day, the 20"^ 
of July, 1677, haue in my own pson been w'" M"": Jean 
Paul Jacquet on the East side of this River, vpon the 
Land of y*" S*' M^• Jacquet, commonly called the Steen- 



118 NEW JERSEY COLONIAL DOCUMENTS. [1673 

hooke, and have put y^ s" M': .lacqiiet in full and quiet 
possession of the Said land and premises, axjcording to the 
above ord'' from the (-rov^ Witnesse my hand in New- 
Castle, this 20*" of July, 1677. John Colier. 

[.Vo^- lure itiserfrd In flu: " yl/y^/^v.v.'"'] Noe other 
grant, permitt or Survey hath appeared to J. N. 



By the (TOverno^ 

Whereas, I have rcc''. Several peticons and Complaints 
from Divers inhabitants on the East-side of Delaware-river, 
that have been disturbed in the lawfull possession of their 
lands a!id tenem*^ : there, by reason of Major ffenwick and 
others. These are to desire and Authorize yo", tlie Justice 
of the Court at New-Castle, to take care that tlie said 
inhabitants be not disturbed in their possession vpon any 
pretence whatever by the s'^ Major Fenwick or others, and 
if Occasion to make me forthw'" acquainted w'" y* same. 
Given vnd' my hand, in New-Yorke, this 28*" of 8*'", 1678. 

Andross. 

Seaverall iidiabitants (Dutchmen) have noe mure than 
this to shew for their lands. 



Proceedings of a Cofrt at Salem, N. J. 

At a Court held at New Salem, in y*" province of West- 
Jersey. 

{ Fopp .Johnson Edwd. Wade ] 

P'sent-! Wm. Penton James Nevill -Com" 

\ Edwd. J^radway. j 

William Cill-Johnson desiring of y* Court a grant of 100 
acres of land lying over ag* Ilance-heers plantacon on the 
other side \'irkins-kill als hogge-Creeke the Court granted 
the pef" Request, he Seating the same, according to the 
Chiefe Proprieto""" Concessions, and pforming all Such Acts 
and things as shalbe thereby required, and to be subject 
and Obedient to the lawes of y* s** Province, tfec. 



1673] ORDERS OF DEPUTY GOVERNOR AND COUNCIL. 119 

Seaiierall of y^ last mentioned prnits, were granted, but 
few or none Seated according to ord"" if any are seated; its. 
a Question. 

All the foremenconed lyes between Oldmans Creek and 
Salem Creeke, w*^** some others who have Nothing to show 
for their seating. Quit-Kent is all in Arreares. 



Ordfi's froiK T>( putij Governor Berry and Council to the 
Inhahitants of the Several Toirns to take out their 
Warrants, d'r. 

[From "East Jeii^ey Kecoids, " Liber 3 of Deeds-, \>. 83.] 

By the Deputy Governor and Councell 

Whereas the Right hon'"oble the Lords proprietors of 
this province have sett forth by their declaration bearing 
date the 6*." day of Decenibr 1672. th^ no person or persons 
whatsoever w"'in this province shall be accompted a free- 
holder of this province, nor have any vote In election nor 
be capable of being Elected for any office of trust Either 
f 'ivill or Military, untill he doth Actually hold his or their 
Lands pattent from them. 

Wherefore wee have thought titt and doc by these p'^seuts 
give notice to all Inhabitants of Newark, that they doe 
repaire to the Secretary and give in their proportion, for 
yf obtai jning of Warrants to the Survayer Generall, for the 
laying out butting and bounding of every mans quantity 
of Land that is to be alotted to him In Extent®, or ye town- 
ship In generall Within three Weeks after the date hereof, 
but iff already Survayed, then to procure a Certiffieate 
thereof from the Surveyor Generall In order to the taking 
out their pattents With all the speed that may be, accord- 
ing to the manner and forme directed in the Concessions, 
by which means they Will be capable to chuse their repre- 
sentatives, that the affaires of the province may be the 
sooner and better settled, And whosoever shall neglect so 



120 NEW JERSEY COLONIAL DOCUMENTS. [1673 

to doe. Within the tyine Liiiiitted as aforesaid, shall Loose 
tlie benefit of the Lords pro])rietors favior in the j/niisses, 
and forfeit such Lands as they are settled iippon & pretend 
nnto, to the Lords ])roprietors to be disposed of for their 
best advantage as tlie (Toverno"" and Councill shall think 
fit, according to the Tennor of the said Declaration, And 
least y^ Inhabitants should be tyed to a shorter tynie then 
the Purveyor (lenerall is Ca))al)le to p'"fornie the Work in. 
Wee have thought fitt to Limit the tyme to each Towne 
after such a manner that it may be gradually performed : 
Dated at Newark 22'?^ May 1673.— May 

Another of the same Tennor for J*isquatiway within 5 

weeks t3'me : 

Another of the same Tennor for Navesink w'.^in 8 weeks * 
Another of the same for Elizabeth towne w'.'^in K) weeks, 

and one for Woodbridge w'Mn for delawarr 2 months 

after publication 



By the Dei'Uty (i!oveknok & his Councell. 

Whereas there is a declaration sett forth by y? hono*"* the 
Lords p'prietors of this province Dated the H*?' Decemb 
1672 thereby ordering that those persons which Avhere the 
Chife Actors In Attempting the makeing an alteration in 
their Govenment shall be proceeded against according to a 
Declaration of the Governor, and Councell for Remission 
of their oifcnces. And although wee did lieasonably Expect 
that the same would have bene (by way of petion) presented 
this Session & finding tiuMu slack and Tlemiss there In, 
Yett to publish to the World our unwillingnes to Imploy 
Severity When other Meanes may be found as well to 
satisfy us, as to p'forme the Commands of our Lords pro- 
prietors. 

AVee doe hereby ord"" and appoint Tuesday the lO'? day 
of June next Ensuing In Which wee shall be redy to 



1 This was not sent to Navesink, but retarded till another tyme according to the 
reference uppon theire petion. [Note from the Record.[ 



1673] NATHAN Gould's account. 121 

Receive their Submission at the Towne of Bergen Where 
such as are Conscious of their offences may Repaire to 
Crave Remission And after that tyme to expect no favor 
but what the Law affords. Dated at Newark the 22 May 
1673. 



Nathan Gouldh Account of Clrcunistances Leadhiy to the 
Capture of New York. 

IFiom "New York ('olonial Documents," Vol. III., p. 200.] 

Intelligence from New Yorke by one from Stanford. 

August 8. \^Extra(i.~\ This messenger reports . . . 
Also that the Sloope wherein were Cap* James Cartwright 
& his wife were set ashoare in Virginia, But they brought 
M'" Hopkins w*?" the Sloope to the Mahatoos. Morouer this 
man saith that he stood at the Cabbin doore & heard the 
Generall demand of the M'" of the Sloope Samuell Dauis 
by name what force they had at New Yorke & tould him if 
he would deale ffaithfully w"* him he would giue him his 
sloope and Cargo againe ; the said Sloopes Master replyed 
that in the space of three hours the Governo'' Louelace 
could raise flue thousand men & one hundred & fifty peice 
of Ordinance mounted tit for seruice upon the wall, upon 
this the Dutch Generall said if this be true I will giue you 
yo' sloope & cargo <k, neuer see them. Then they enquired 
of one M"" Hopkins who tould them he thought there might 
bee betweeue Sixty and Eighty men in the ffort, and in 
three or foure dayes time it was possible they might raise 
three or foure hundred men, & that there was thirty or 
thirty six peice of ordinance uppon the wall that a shot or 
two would shake them out of their Carriages then all theyr 
cry was for New Yorke, to which place they came, and 
this Captine stood ther on the Deck and saw them land by 
the Governor's Orchard about six hundred men .... 

taken before me tlic date abouve said 

Nathan Gould 



122 NEW JERi^EY COLONIAL DOCUMENTS. [1673 



M'nijitt'fi of Onincil of N^nn Netherlands 1673-1674. 

I From "New York ColoniHl Doriiments," Vol. IL, pp. 571-730. J 
[ Krfnirfs.'] 

At a rneetiiii,^ <>f the Honorable Commanders Cornelis 
Evertse and .lacol) Ik'nekes and tlieir adjourned rouncil of 
War, in the City Hall of the City of New Oranoe, this 
12'*' of August, New Style, A" 1673 

Present — Commander Corn. Evertse 
Commander Jacob Benckes 
Capt" Anthony Colve 
Capt" Nicolaes Boes 
Capti Abram v. Tylh 

John Baker, Jacob Melyn, John Ogden, rum fiociis, 
Deputies from the village of Eli^abethtown, Niew-worke, 
Woodbridge and Piscatteway, situate in the Province here- 
tofore called New Yarsey, praying, by petition, that they 
may be allowed to send some Delegates from their said 
villages to treat with the Admirals and associate Council of 
war respecting the surrender of their toMUs under the 
obedience of their High Mightinesses, the Lords States of 
the United Netherlands, and his Serene Jlighness, the 
Prince of Orange, and that no audience be granted to their 
late Governor, Ca])t. John Berry,^ before and until the same 
be granted to the said Delegates etc. 

Ordered. The Petitioners, namely the iidiabitants of 
the villages of Elisabets Towne Nieworke, Woodbridge and 



1 John Bkkky is first named, in connection witii New .leixey, in 1H69. as jiosset-s 
ing an interest in landw between the ra.ssaic and the Hacicensack. He is presumed to 
liave come to tlio I'rovince from Connecticut, and prol)al)ly some years pievionsly. 
or he would not .so soon have been taken into the Council. In UiTi he was left Deputy 
(Jovernor, when Governor Carteret went to EujJiland. His authority was confirmed 
iiy the King, but Baker, Ogden and others, having always been opposed to the Pro, 
prietary (loverument. they were pleased to be able to thwart his influence with the 
Dntcb. He continued to be one of the Council under the ditierent adijiinistrations, 
until les*".', when, it is presumed, he died. En. 



1673] MINUTES OF COUNCIL OF NEW NETHERLAND. 123 

Piscattawaj. are hereby allowed to send their Delegates 
hither on next Tuesday morning, to treat with us. 

Dated at the City Hall of the City of New Orange, this 
12**' August 1(»73. (Signed) Coknelis Evertse, Jun"", 

Jacob Benckes, 

By their order (Signed) N. Bayakd, Secret^ 

It is furthermore resolved by the Admirals and Council 
of War, and the following order is dispatched to the three 
remaining villages situate in said Province of New Yarsey : 

To the Inhabitants of the Village of Bergen, and the Ham- 
lets and I^ouM'cries thereon depending : 
You are hereby ordered and instructed to dispatch Dele- 
gates from your village here to us, to treat with us on next 
Tuesday, respecting the surrender of your town to the 
obedience of their High Mightinesses, the Lords States- 
General of the Pnited Netherlands, his Serene Highness 
the Prince of Orange, or on refusal so to do, we shall be 
obliged to constrain you thereunto by force of arms. 

Dated at the City Hall of the City of New Orange, the 
12*" of August, Anno 1673 

(Signed) Coknelis Evektse, Junior, 
Jacob Benckes 

By their order, (Signed) N. Bayard, Secret''. 

The Inhabitants of Middeltowne and Shrousbury, are 
hereby charged and requiered to send their deputys unto 
us on tuesday morning next, for to treat w*** us uppon 
articles of surrendring their said townes under the obe- 
dience of the High aTid Mighty Lords, the States-Generall 
of the united Provinces, & his serene Highnesse the Prince 
of Orange, or by refusall wee shall be necessitaded to subdue 
the said places thereunto by force of armes. 

Dated at New Orange, this 12**" of August A" 1673 

(Signed) Coknelis Evertse, Jun'' 
Jacob Banckes 



124 NEW JERSEY COLONIAL DOCUMENTS. [1673 



At the Meeting of the Hon'"'* Council of War, holden 
in Fort Willem Hendrick, on tlie IS'** of August, Anno 
1673. 

Present — Commander Jacob ik'uckes. 

Commander Cornelis Evertsen, Junior, 
Captain Anthony Colve, 
Captain Nicolaes Boes, 
Captain A. F. van Tyll. 

The following Order was made : 

On the petition of the inhabitants of the respective 
towns, viz : Elisabets Towne, ?Sew Worke and Piscattawaj, 
situated at Arhter Coll^ 

The Commanders and Hon'''® Council of War having 
considered and read the Petition of the inhabitants of tlie 
villages of Elisabets Towne New-Worke and Piscattaway, 
have ordered thereupon that all the inliabitants of those 
towns sliall be granted the same Privileges and Freedoms 
as will be acct)rded to native born subjects and Dutcli 
towns ; also the Petitioners and tlieir heirs shall unmolested 
enjoy and possess their lawfully purchased and })aid for 
lands, which shall afterwards be confirmed to them by the 
(T(»vernor in due form ; in regard to the bounds of each 
town, they shall hereafter be fixed by the Governor and 
Council ; in respect to imi)ressment, none of the English 
nation shall, in time of war with his Majesty of England, 
be impressed against their own nation on condition that 
they com})ort themselves (juietly and j)eaceably, but their 
ships and boats shall be subject thereto. Concerning 
inheritance, they shall have to regulate themselves, accord- 
ing to the laws of Netherland, but be at liberty to dispose 
of their property by will, according to their pleasure ; and 
in case any wish to depart from this government with their 
property, they shall be at liberty so to do witliin the terra 

1 Avhter h'oll or Coll was an appellation fii»*t applied to Newark Bay, meaning 
"Behind or Back of the Bay"— the great Bay of the North Kiver— and was Hubse- 
ipieutly transfened to the lan4 as well. Eu. 



1673] MINUTES OP COUNCIL Op NEW NETHERLAND. 125 

of six mouths on condition of previously paying their debts, 
and obtaining proper passport from the Governor. Fur- 
thermore, no person shall be suffered to settle within this 
government without the Governor's previous approbation 
and finally, the Petitioners are granted and accorded Free- 
dom of conscience as the same is permitted in the Netlier- 
lands. 

Further, the Deputies from the Towns of Woodbridge, 
Schrousbury and Middeltowne situate at AvhUr CoU, com- 
ing into court, the above privileges were, at their verbal 
re(|uest, in like manner granted and allowed to their towns ; 
but all subject to further orders from their Iligli Mighti- 
nesses and his Serene Highness of Orange 

Captain John Berry, William Sandfort, Samuell Edsall 
and Lourens Andriessen, appearing before the Council 
request that they and their plantations may be confirmed 
in the privileges which they obtained from their previous 
Fatroons, and furthermore possess unobstructed their 
houses, lands and goods, and to enjoy such further privi- 
leges as are granted and accorded to all other the inhabit- 
ants of Achter Coll, lately called New Jarsey. 

Ordered thereupon : 

The Petitioners shall enjoy their lawfully acquired 
houses, lands and goods, together with such privileges 
as are granted and accorded to their neighboring towns of 
Achter Coll. What regards the privileges obtained from 
their previous Fatroons, the same is denied the Petitioners. 

. . . From the nomination of the inhabitants of the 
town of Bergen and dependencies are tliis day elected. 
As Sellout and Seei'etary . . . Claes Arentse, 
As Srhejnerifi 
Gerrit Gerrits, Elias Michielse, 

Thomas Frederiks, Peter Marcelissen, 

Cornelis Abramse ; 
Whereof a certificate is sent them, and it is further recom- 
mended them to come here and be sworn in. 



126 NEW JERSEY COLONIAL DOCTMENTS. :[1673 

At a Meeting of the Comnianders and Hon'')* Council of 
War of New Xetlierlaiids, liolden in Fort William Hen- 
drik, on Satnrdav. l!»"' oi August, A" 1C73. 

Prehent — Comnumder Jacob Benckes, 

Commander Cornelis Evertseii, Junior. 
Captain A. Colve. 

The Depnties from the Towns of Elisabets Towne, New- 
worke, Woodbridge, Piscattaway, Middeltowne and Sohrone- 
bui-y appearing, are ordered to call together the inhabitants 
of their respective Towns, and to have them nominate by 
plurality of votes, a double number for Schepens or Magis- 
trates of said Towns; also from each Town to elect two 
Deputies, who shall meet togethei- as one Board, and then 
nominate, by the gi-eatei" number of votes, three persons for 
ISchout and three for Secretary, over the said six Towns to 
which end the following Oi'dei' is sent to each of them. 

The Command'^-in-C 'hiefe and Councell of wan- in fort 
William llendrik. 
Do herebij order & strictlij recpiire the Inhabitants of 
Elisabeth Towne to call a Townes fleeting, and by a gen- 
erall vote to nominate six persons for magestraets of their 
said towne, as alsoo to appoint twoo de])utys Avho are to 
meete with the rest of the tijve neighbouring townes, to wit: 
New worke, Woodbridge, Piscattawaij, Middletowne & 
Shrousburrij, wich said deputys shall be authorized to 
nominate three persons for Schout and three for Secre- 
tarijs, out of wich said nominated persons bij ns shall 
1)6 ellected for each towne three magistrates, and for the 
s** six Townes in generall, one for Schout vfe one for Secre- 
tary, and the said Inhabitants cV de])utys are hei'ebij re- 
quiered to make a true returne thereof unto us within the 
space of six daijes next ensuing. Dated at forte Willim 
Hendrik the 19 oi August, A" h>7'^. 

(Signed) Jacob Benckes, 

Cornelis Everts, Junior, 



1673] MINUTES OP COUNCIL OF NEW NETHEKLAND. 127 

At a Meeting of the Commanders and Hon**!" Councel of 
War of New Netherland, holden in Fort Willem Hendrik, 
21*' August, 1673 

Present — Commander Jacob Benckes, 

Commander Cornelis Evertsen, Junioi', 
Captain Anthony Colve. 

The newly chosen Schout, Secretary and Scliepens of the 
Towns of Midwont, Breukelen, Amesfort, Utreght, Bos- 
wyck and Gravesend, appear before the Council to take 
the oath of allegiance, which they have subscribed in form 
as herein before taken by Burgomasters and Schepens. 

The Schout and Magistrates of the Town of Bergen in 
like manner appearing, have also taken the oath in form as 
aforesaid, and are further told that the Commanders shall 
visit their Town on Sunday after the Sermon, in ordei' to 
administer the oath of allegiance to all their people. 

On the petition of the Schout of the Town of Bergen he 
is permitted and allowed by the Hon^'* Council of War 
henceforth to fill and execute the office of auctioneer. . . 

23** August, A** 1673 .... Agreeably to our 
previous order the inhabitants of the Towns of Wood- 
bridge, Elisabets Towue, Shrousbuiy, Middel towne, situate 
in the Kill van Col, and Manarneck, situate on the Sound 
over right Oyster bay, have nominated and this day pre- 
sented to the Council a double number as Magistrates for 
their respective Towns. 



At a meeting of the Commanders and Hon*"^ Council of 
AVar of New Netherland, holden in Fort Willem Hendrik 
the 24'" August, 1673. 

Present — Commander Cornelis Evertse, Junior, 
Commander Jacob Benckes, 
Captain Anthony Colve. ^ 

1 These three composed the Council, and were present at all the meetings recorded 
until the commencement of Colve'8 administration, the first entry of which was under 
date of September 19th, 1673. Ku. 



128 NEW JERSEY COLONIAL DOCITMENTS. [167.^ 

From the nomination presented by the inhabitants of the 
Towns of Elisabets T(»wne, AV^)odbridge, Selin»iisl>ury, 
Middeltowne and Mamarneck, the folloAvintJ^ are this day 
elected Schcpens of said Towns : 

M(i<i'i-sii'ni'ix or Scjnppiix of Kl txiilxi^ Tod'itr ; 
John Ogden, Senior, Samuel Hopkins, Jacob Melyn, 

j\1 (I yixt rate's or Sclirjx^n.^ of Wooilhr'nlgr : 

Samuel Dennis, Obadiah Hoits, Stephen Kent 

Sworn 1"' Se])tember, 1673 

iy/ti{/tsfrofrs or ScJii'jxiis iif S/irt^ushi/rj/ : 

John Hanoe, Eleakim Wardil, Hugh Dyckman 
Sworn 1" September, 1673 

Magistrate s or SvhrjMiis of y<inrorJ\f : 

Jasper Crane, Robbert Bond, John Ward, 

Sworn P' September, 1673. 

Mayistratt's of MainarnecTx : 
John Busset, Henry Pisbrou, 

Of which election a formal certificate \vas sent to each 
of said Towns, and 'tis ordered that those elected shall come 
hither on the tirst opportunity to be sworn in. 

The following is the Form of the Oath : 

Whereas wee N: N: are chosen bij y* authority of tlie 
high & mighty Lords the Staets Generall etz to bee magis- 
traets <jf the towne called N. N. wee doe sweare, in y* 
Presence of y* allmighty Godt, to be true ct tfaithtiull to 
y* said authority, and their Govern"^ for y* tijme being, 
and that wee equally v\: im})artially shall exercize. Justice 
betwixt party iV: partij, without Respect off persons or 
nations, and y^ we shall ffollow such ffurther orders & 
Instructions as we ffrom time to time shall receise ffrom 
y* Govern'' it Councell in time being. So help us God. 



1673] MINUTES OF COUNCIL OF NEW NETHERLAND. 129 

. . the 26*'^ of August, 1673. . . . 
From the nomination of the inhabitants of the Town of 
Piscattaway are elected : 

A'S Schepenf< : 

John Smally, Nicolas Boman, Daniel Denton, 

Sworn Q'^ Sep-", 1673. 

The 27*^*^ August. Pursuant to the resolution of the 21** 
instant, the Commanders and Council of War did this day 
proceed to the Town of Bergen, where the Burghers of 
that town and dependencies were found to amount to 78 in 
number, 69 of whom appeared at drum-beat who took 
the oath of allegiance in like form as hereinbefore inserted 
under date instant ; the remainder were absent, 

whose oaths the Magistrates were ordered to forward. 



. . the 1*' September 1673 , . . 
The following is the election and commission for the 
Schout and Secretary of the towns situate at Achter Coll 

The Lords Commanders & Hon*"® Councel of Warre of 
New Nederland, residing in fort Willim Hendrik etz. 
Whereas wee have thought iitt vfe necessarij to discharge 
the forme of Governm'' late in practice here and to reduce 
it under the stijle of Schout and Scheepens, w*^*" is custom- 
arij in our natieve country, the United Belgick provinces. 
Know yee therefore that wee bij virtue of o*" Commission 
from y® High & mighty Lords the States Generall and his 
Serene Highnesse the Prince of Orange etz. out of y® Nom- 
ination presented unto us bij y*' deputies of Elisabeth 
Towne Wood Bridge, Shrousburry, New-Worke Piscatte- 
waij & Middeltowne, have elected and established 

IVP John Ogden to be Schout & ) of all the respective 

M"" Samuell Hopkins to be Secretary ) Townes 

Giveing & by these presents granting unto the s** John 
Ogden & Samuel Hopkins & each of them, full pouwer 



130 NEW JERSEY COLOxVIAL DOCUMENTS. [1673 

strenght 6z authority in their said ofhces. Tlie said Schoiit 
together w^'' y^ Schepens or magistrates of }•* respective 
Townes to llule & governe as well their Inhabitants as 
Strangers and y*"s'' Samuel Hopkins tu administer the ottice 
of Secretarij in y'^ s'' Townes according to the Laws of the 
United Ik'lgicij Provinces and such particular Instructions 
as they fr(,»m time to time shall receive from us A: from our 
Gonern" for the time being, and wee do hereby strictly 
order tfc Command all the inhabitants of the said Townes 
to obeij iV: execute all such lawful! orders t.V constitutions 
as sliall be made by y* s'' Schout A: magistraets for the wel- 
fare of y*" s'' respective Townes and y*' inhabitants thereof. 
Dated as above. 

Tlie Schout John Ogden and Secretary Saniuell Hopkins 
are this day ordered to take an Inventory of the estate of 
tlie late (lovernor Carteret, and to report the result. 

. . . on the <>"' September, A" lt)To 

Captain Ivuyf and Captain Snell are this day commis- 
sioned and authorised by the Hon'*'* Council of War. to 
repair with the clerk Abram Varlet to Elisabets Towne, 
Woodbridge, Shrousbury, Piscattaway New Worke and 
Middeltowne, situate at Achter Coll, and to administer the 
oath of allegiaiu^e to all the inhabitants of those towns in 
the form as hereinbefore recorded, to which end orders and 
inBtruction in due form are also given them 

. . . on the 7'" Se})tember, lt)73 

Schout John Ogden and Secretary S;imui'l Hopkins 
appearing, comi)lain that Robert Lapriere hath removed 
divers goods from the house of Philip Carteret which he 
refuses to restore; also that one John Singletary refuses to 
obey their connnands ; whereupon tis ordered to arrest said 
persons and bring them hither, to which end some soldiers 
are furnished. They are furthermore ordered to summon 
James Bollen, late Secretary of the Province of New Yer- 



1673] MINUTES OF COUNCIL OF NEW NETHERLAND. 131 

sey, to deliver up, agreeably to former order the Governor's 
papers within the space of 10 days after this date, or in 
default thereof, his property shall be at the disposal of the 
Hon^'* Council of War 

8**' of September A" 1H73 . . . . 

Captain Berry and William Sandford entering and re- 
questing, in substance, that the Records and Papers of the 
late Province of New Yarsey, may for divers reasons be 
delivered to and remain in the office of the Secretary of 
this Government, and not with M"" Hopkins individuall}^ : 
the same is provisionally allowed them until further inquiry 
be made herein 

. . 9^^ of 7*'", 1673 ... . Robert Lapriere and 
Jonathan Singletary being arrested by the Sheriff of Achter 
Coll and pursuant to previous order sent hither, are exam- 
ined in Council on the charges brought against them, all 
which were denied by them. Whereupon ordered, that 
John Ogden, the Sheriff, be summoned hither to prove his 
complaints against those persons. 



12'^ of Sepfember, 1673 
James Pollen, Capt° Berry, Samuel Edsall and some 
inhabitants of Woodbridge, again request that the books 
and papers concerning the province called New Yarsie, may 
be delivered into the hands of Secretary Bayard and not to 
Samuel Hopkins, as they have great reasons to suspect said 
Hopkins of having made away with some of them. Their 
request is granted and allowed 



. . 13'" of 7''% 1673 . . . 

The Sachems and Chiefs of the Hackinsagh Indians, 
accompanied by about 20 of their people, requested an 
audience, and being admitted, state that they have been 
sent to the Commanders by the rest of their Indians, to 



132 NEW JERSEY COLONIAL DOCUMENTS. [1673 

request that as they heretofore had lived in peace with the 
Dutch, they may so continue in future ; declaring that 
on their side it was sincerely desired, in token whereof 
they presented about 20 deer skins, 2@3 laps of Beaver, 
and 1 string of Wampum. 

Whereupon they were answered : Tliat their presents 
and proposals were accepted, and they should be considered 
by the Government, as heretofore, good friends ; in con- 
firmation whereof they were presented with 6}@, of 
checkered linen ; 12 pairs of woolen hose, and five car- 
tridges of powder ; for which they thanked the gentlemen, 
and again departed. 

The Hon'"''" Council of War liaving heard and examined 
the complaints of John Ogden, Sellout, against Jonathan 
Singletary, for not only refusing to obey the orders sent 
him by said Schout, but moreover for answering very 
rudely and discourteously in writing, in contumely and 
disrespect of his authority, which being sufficiently proved, 
partly by admission and further by evidence on oath, the 
Hon*"® Council of War, 'by virtue of their commission 
administering justice, have therefore condenmed and sen- 
tenced, as they do hereby sentence and condemn said 
Jonathan Singletary to pay a fine of Five Pounds Sterling, 
to be applied to the behoof of the poor of this city, with 
further warning that strict orders shall be given to the 
Magistrates of Ac/itn' Coll to have a strict eve over his 
behavior, and that he shall, on the first comj^laint made 
de novo against him, be punished as a mutineer and dis- 
turber of the public peace, and as an example to others. 
Further to pay costs of court. 

The Hon**** Council of War having lieard and examined 
the complaint of John Ogden, Schout, against Ilobert Van 
Quelen, alias Lapriere, who refuses not only to obey the 
orders sent to him by the Schout to restore the goods 
removed by him from the house of the late Cirovernor Car- 
terett, but moreover publicly stating with threats that the 



1673] MINUTES OF COITNCIL OP NEW NETHERLAND 133 

Duke of York had still au interest in Fort James, and 
that there would be another change within half a year. 
All which being sufficiently proved under oath, the Coun- 
cil of War therefore administering Justice by virtue of its 
commission, have hereby condemned and sentenced said 
Robert Yan Quelen to restore the removed goods of Capt. 
Carterett, and furthermore, to be banished as an example 
to others. Ady as above. 

. . 14'»' of 7'^«'-, 1673. . . . 

Capt" Kuyff and Liut Snel having returned yesterday 
from A^ghter Coll, report : That pursuant to their commis- 
sion, they have administered the oath of allegiance in the 
form hereinbefore set forth, under date , to the 

inhabitants of the undernamed towns, who are found to 
number as in the lists delivered in to the Council 

KlmthetJdoion, 80 men, 76 of whom have taken the oath ; 
the remainder absent. 

Neio Wm'ck, 86 men, 75 of whom have taken the oath ; 
the remainder absent. 

Woodln'idye, 54 men, all of whom have taken the oath ; 
except one, who was absent. 

Piscaitaway, 43 men, all of whom have taken the oath. 

Middeltowne, 60 men, 52 of whom have taken the oath ; 
the remainder absent. 

Schrousbury^ 68 men, 38 of whom have taken the oath ; 
18 who are Quakers, also promised allegiance, and the 
remainder were absent. 

The following is the roll of the officers of militia elected 
and sworn in by Capt° Kuyff and Lieutenant Snel, by order 
of the Council of War : 

Elisabethtown : Jacob Molyn, Captain ; Isaac Whitehead, 
Lieutenant ; John Woodrof, Ensign, 



134 NEW JERSEY COLONIAL DOCtMEIfta. [1673 

New Wm'le : Samuel Swaine, Captain; Joliii Ward, 
J.ieutenant ; Samuel Kitcliell, Ensign. 

Woodhrh1g<' : John Pike, Captain ; John Bishop, Lieutenr 
ant ; Samuel Dennis, Ensign. 

P(t<t<cattiiiriiy : Bennayah Dunham, Captain ; Joseph Snow, 
Lieutenant ; John Longstaf, Ensign ; 

M'((t(hltuiriic : Jonathan liuhnes, Captain; John Smith, 
Lieutenant ; Thomas \Vhith>ek, Ensign. 

^c/irou.sburt/ : William Newman, Captain ; John William- 
son, Lieutenant ; Nicies Browne, Ensign. 



29 Ttember, 1673 

On the request made on behalf of Col. Lewis Moorris, 
pass and repass is granted him to come into this govern- 
ment, on condition that he attempt nothing to its prejudice 
during his sojourn .... Notice is this daj sent to 
the Magistrates of the town situate at the Nevesings near 
the sea coast, which they are ordered to publish to their 
inhabitants, that they on the first arrival of any ships from 
sea shall give the Governor the earliest possible informa- 
tion thereof 

Whei-eas the Late Chosen Magestrates off Shrousburij 
are found to be Persons whoes religion Will Not Suifer 
them to take anij oath, or administer the Same to others 
wherefore they Can Nott be tit Persons for that office 1 
have therefore thought titt to order that bij y" s** Inhabit- 
ants off y* s** towne a New Nomination shall be made off 
four Persons off' the true Protestant Christian religion, out 
off which I shal Elect two, and Continue one off y* former 
for Magestrates off y* s** towne ; dated att ffort Willam 
he\idrick this 29"' 7*^^' 1673. 

(Signed) A. Colve 



1673] MINUTKS OF OOttNCiL OF NFW NRTHERLANn. 135 

Provisional Instruction for tlie Sellout and Magistrates 
of 



Art. 1. The Sheriff and Magistrates shall, each in his 
quality, take care that the Reformed CMiristian Religion be 
maintained in conformity to the Synod of Dordrecht with- 
out permitting any other sects attempting any thing con- 
trary thereto. 

2. The Sheriff shall he present, as often as possible, at 
all the meetings and preside over the same ; but should he 
act for himself as party, or in behalf of the rights of the 
Lords Patroons or of Justice, lie shall, in such case, rise 
from liis seat and leave the Bench and in that event he 
shall not have any advisoiy much less a concluding vote, 
but the oldest Schepen shall, then preside in his place 

3 All cases relating to the Police, Security and Peace 
of the Inhabitants ; also to Justice between man and man, 
shall be iinally determined by the Magistrates of each of 
the aforesaid villages, to the amount of, and under, sixty 
florins, Beaver, without appeal ; In case the sum be larger 
the aggrieved party may appeal to the meeting of the 
Sheriff and Councillors delegated from the villages subject 
to his Jurisdiction, for which purpose one person shall be 
annually appointed from each village who shall assemble 
in the most convenient place to be selected by them, and 
who shall have power to pronounce final Judgment to the 
amount of fl. 24(> Beavers and thereunder. But in all cases 
exceeding that sum each one shall be entitled to an appeal 
to the (Tovernor-General and Council here. 

4 In case of inequality of votes, the minority shall sub- 
mit to the majority ; but those who are of a contrary 
opinion may have it recorded in the minutes but not 
divulge it without the meeting on pain of arbitrary correc- 
tion. 

5 Whenever any cases occur in tlie meeting in which 
any of the Magistrates are interested, such Magistrate shall, 
in that instance, rise and absent himself, as is hereinbefore 
stated in the 2^ article, of the Sheriff. 



iSfi nfAv jersey colonial documents. [1673 

6. All inhabitants of the ahove named villages shall be 
citable before said Sheriff and Shepens or their delegated 
Councillors who shall hold their meetings and conrts as 
often as they shall consider requisite. 

7. All criminal oftences shall be referred to the Gover- 
nor-General and Council, on condition that the Sheriff be 
obliged to apprehend the offenders, to seize and detain 
them and to convey them as prisoners under proper safe- 
guard to the Ciiief Magistrate with good and correct infor- 
mations for or against the offenders. 

8. Smaller offences, such as quarrels, abusive, words, 
threats, fisticuffs and such like, are left to the Jurisdiction 
of the Magistrates of each particular village. 

9. The Sheriff* and Schepens shall have power to con- 
clude on some ordinances for the welfare and peace of the 
inhabitants of their district, such as laying out highways, 
setting off lands and gardens and in like manner what 
appertains to agriculture, observance of the Sabbath, erect- 
ing churches, school-houses or similar public works. Item^ 
against fighting and wrestling and such petty offences, 
provided such ordinances are not contrary but as far as is 
possible, conformable to the Laws of our Fatherland and 
the Statutes of this Province ; and, therefore, all orders of 
any importance shall, before publication, be presented to 
the Chief Magistrate and his approval thereof requested 

10. The said Sheriff' and Schepens shall be bound strictly 
to observe and cause to be observed the Placards and Ordi- 
nances which shall be enacted and published by the supreme 
authority, and not suffer anything to be done against them, 
but cause the transgressors therein to be proceeded against 
according to the tenor thereof ; and further, promptly 
execute such orders as the Governor-General shall send 
them from time to time. 

11. The Sheriff and Schepens shall be also obliged to 
acknowledge as their Sovereign Rulers, their High Mighti- 
nesses the Lord States-General of the United Netherlands 
and his Serene Highness the Lord Prince of Orange, and 



1673] MINUTES or COUNCIL or NEW NETHERLAND. 137 

to maintain their sovereign Jurisdiction, right and domain 
over this country. 

l!2. The selection of all inferior officers and servants in 
tlie employ of the Sheriif and of the Schepens, the Secre- 
tary alone excepted, shall be made and confirmed hy them- 
selves. 

13. The Sheriff shall, hy himself or deputies execute 
all the Magistrates' Judgments and not discharge any one 
except by advice of the Court; he shall also take good care 
that the places under his charge shall be cleansed of all 
mobs, gamblers, whore-houses and such like impurities. 

14. The Sheriff shall receive the half of all civil fines 
accruing during his term of office together with one-third 
part of what belongs to the respective villages from criminal 
cases ; but he shall neither directly nor indirectly receive 
any presents forbidden by law. 

15. Towards the time of election, the Sheriff and 
Schepens shall nominate as Schepens a double number of 
the best qualified, the honestest, most intelligent and 
wealthiest inhabitants, exclusively of the Reformed Chris- 
tian Religion or at least well affected thereunto, to be 
presented to the Governor, who shall then make his elec- 
tion therefrom with continuation of some of the old ones 
in case his Honor may deem it necessary. 

Dated Fort Willem Hendrick, the first of October, 1673. 

The preceding instruction, as registered word for word, 
is in like manner sent 

In English, to Schout John Ogden and the Magistrates 
of the Towns of Elizabethtown, Woodbridge, Shrousbury, 
New arke, Piscattaway and MiddeltoM'n, situate at Ar/tier 
Col. 

To the Schout and Magistrates of the Town of Bergen, 
only with this alteration, that in the 3*^ par. they shall 
pronounce definitive Judgment to the amount of H. 60 in 
Beavers and no further. 

Ditto to those of Berg-en and Westchester and Staten Island 



13>i NKW .1KRSKY COLONIAL DOCl'MKNTS. | 1<^>73 

The (Tovernor has tliis day resolved to sell Major Kin^s- 
laiid's j)lautation and effects at Achfrr Col ; and the Magis- 
trates of the Town of Newarke are accordini^ly authorized 
to drive ()ff" and sell by ])ul)lic auction the cattle and swine 
of said plantation, to he ])aid fur next winter in salt poi'k 
(ft 3 £, or beef @ 2 £ per hairel, winter wheat @ 6 guilders 
or peas (*J. 4 ii;uilders. Wampum currency, per skepel ; and 
it is further ordered, that written notice shall he given that 
said plantation and house will be sold on the 28*'' instant 
at the house of Philip Xys here in this city. Dated Fort 
Willeni lleudrick, this l"' October 



M" John Oi^den 

Yesterday I sent ^'ou y Instructions bij ij*^ wai j of New 
Worke since that time 1 Received y" of y*^ 2H'" of Septemb' 
last and Ynderstood out of y* same y* proceedings of ijour 
people w*'' y^ Indians of w"^^'' J do wal approve and accord- 
ing to your desire I wil alsoe Endeavour that Satisfaction 
maij be given by y" Indians to y* owners to w*^'' End I 
have once more thought tit that \^ Indian Sachem be sum- 
moned to appeare before me to give me satisfaction about 
it and that y^ Messenger doth signify U* him that 1 do 
much Wonder tliat all y'" Cheife Sachems hereabouts as also 
those of y'' Mohacks have bene here to present themselves 
unto me and that he onlij Kemains Defective therein 
wherefore I would willingly Speake w"' liim t(» know y* 
Reason ; and that! promise hinl of his Company freely to 
Passe lV Kepas without any Afolestation you may alsoe give 
Order what goods he hath Tendrctl or yett shall tender to 
Restore y*^ pe(»ple maij Receive from him and left an ace' 
be sent me wliat y' losse maij be of y* goods w'"'' still are 
wanting. You are also Required t<» send hether bij y" 
tirst opportunity the amies ik other goods according to 
Inventorij formerlij belonging to y' Late Gouvern™ Car- 
trett and to Cause this Inclosed order of arrest to be pub- 
lished in your Severall Townes and to order y severall 



1673] MINUTES OF COUNCIL OF NEW NETHERLAND. 139 

Clarkes to returne an ace* tliereof unto you for to be pre- 
sented unto me, And lett M'" Hopkins Exauiin uppon what 
Conditions y* Tennants are Seated uppon the plantations 
of Capt° Carterett and aec* thereof Returned unt(t nie ; not 
Else at Present but that 1 am 

Your Loving tfriend 
Dated at ffort Willem (signed) A: Colve 

Hendrick W" Oetob'' 1673. 



Proclamation for a day of Humiliation and Thanks- 
giving, 

Trusty & Welbeloveo 

Concidering the Manifold Blessings & favours w'^'' the 
Bountifull & Merciful god hath bene pleazed graciously 
to Bestow uppon this Province and the Inhabitants thereof 
amongst w*^** is to be Esteemed beyond all others the free 
& pure worshipp of god w"** Blessing together w'^ all others 
ought Not only to drawe & oblidge us to dutifull thanck- 
fulnesse but also to meeknesse it Rependance because of 
our Manifold sins & Transgressions to the End the s** Bless- 
ings (k favours of our god may be Continued towards us & 
this People <k Country be free from this weldeserved 
Wroth & Indignation, Know Yee therefore that wee have 
thought it Necessary &. do by tliese Presenis order <fe Pi-o- 
daime an universall day of fast humiliation & thaneksgive- 
ing w'^*' shall be held w"'in this Province on the tirst 
Wednesday on every mounth & begunn on the tirst wesnes- 
day of the next ensuing month of Decemb*" being Second 
day of the s*^ Month, & soo Alsoe uppon Every tirst Wednes- 
day of y^ month thereunto Ensuing ; And to the End the 
s** day of humiliation & thankxgiveing may bee the better 
put in practice & due Execution, Wee do hereby strictly 
prohibite & forbid on the s^ day of humiliation Thankx- 
giving all manner of Labour *k exercizings of hunting 
flfisshing gaming Excesse in drincking and the Lyke & all 



14n NEW JERSEY rOI.OXlAl. DOfUMENTS, [1073 

Iiikeepers ife ortlinaris not to Retayle any Lic»j^uors or 
ilrint-ke iippon Penalty of Corporall Punisliment, To tlie 
true p'^foiinance of w''' wee do hereby stricktly order & 
Comand all Magistrates «»fficei*8 tt Justices of this Province 
ct prolecute against the Transgressions according to the 
Tenn*": thereof and to Cause this Proclamation to bee pub- 
lished in due time & place, 800 wee Recommand you to 
the Protection of the Almighty godt ; 
Trusty & welbeloved 

Your loving tlrinds 
In fort W" TIendrick (: Signed:) Antony Colve 

this 15'" of N(»vend/ 

(Ynderstood :) 

By order of the govern"" generall & Councell of the Nieu 
Nietherlands. 

N: Bayard Secref^ 

Whereas some difference has arisen between ]\P Jno. 
Berry and M'' AVilliam Sandford, both of whom requested 
that it may be referred to the court of the Schout and 
Magistrates of the town of Bergen, which request being 
considered by the (tovernoi-, the same is for the present 
granted and allowed. 

Done Fort Willam Hendrick this le**" 9"*^ 1673. 



At a Council holden in Fort W" Hendrick. the 24'" 
December, 1673. 

Present — Anthony Colve, Governor-General, 
Cornells Steenwyck, Councillor. 

The ISchout and Magistrates of the town of Bergen 
requesting that the inhabitanta of all the settlements 
dependent on them, of what religious persuasion soever 
they may be, shall be bound to pay their share towards the 



167-i] MINUTES OF COUNCIL OF NEW NETHERLAND. 141 

support of the Precentor and Schoolmaster, cfec, which 
being taken into consideration bj the Governor and 
Council, 

It is ordered : 

That all the said inhabitants, without any exception, 
shall, pursuant to the resolution of the Magistrates of the 
town of Bergen, dated 18'*' X''", 1672, and subsequent 
confirmation, pay their share for the support of said Pre- 
centor and Schoolmaster. Dated as above. 



M'' John Ogden : — 

His honnr the govern*" is Informed that at your Towne 
are Lying 2 or three pieces of ordinance for w''*' he hath at 
present occasion to make vse of, you are therefore hereby 
Required to Cause the s** peeces to be sent hether w*** the 
first opportunity whereof you are not to faile. Soe have- 
ing not Else at present I rest — 

Your Loving ffriend 

(: Signed :) A. Colve 

ffort Willem Hendrick 
2 Janu^y 1674. 



30'*' January 

The Governor-General having read and considered the 
petition of John Ogden, Schout at Aehter Col., requesting, 
in substance : 

First. The Governor-General's ratification of some ordi- 
nances enacted by the Magistrates, according to the copies 
thereof delivered in. 

2. That Samuel Moore on behalf of the foregoing hath 
some promissory notes in his possession against some of the 
inhabitants, which the Petitioner requests may be placed 
in his hands. 

3. Requests that the records of the late government 
may be lodged, under inventory, with the Secretary of 
Aghter Col. 



142 XEW JERSEY COLONIAL DOCUMENTS. [1674 

4. That the Court may be authorised to sentence and 
inflict corporal punishment, Puoh as flogging and lighter 
penalties. 

It is ordered : 

The Petitioner is directed to have the enacted ordinances 
translated into the Dutch language, when they will he 
examined, and if found suitable, ratified ; regarding the 
complaint against Samuel Moore, those interested in said 
notes can institute their action at law against him, and 
furthermore, it is granted to the Petitioner that the 
requested records shall be lodged, under proper inventory, 
with the Secretary there. The 4"' point will be taken into 
further consideration by the (-rovernor and Council 

Thomas Johnson, inhabitant of New vvorke, at Ayhter 
CoU^ is hereby permitted to proceed hence, in person, to 
New England and to remove thence and bring here his 
vessel and some goods lawfully belonging to him, on con- 
dition that he do not carry hence nor bring in here any 
letters contrary to the placard, and be bound, on his return, 
to surrender this permit and to report himself tu the Gov- 
ernor General here ; and all Cai)tains, Comnianders and 
other officers of this Province, are hereby required to allow 
said Thomas Johnson to pass and repass this time. Done 
Fort Willcm Ilcndrick, this 2^ March, A" 1674. 



At a Council in Fort "VVillcni Hendrick, Thursday S^** 
March 1H74 

Present — GovernorCicneral Antony Colve, 
Councillor Cornelis Steenwyck, 
M"" Cornelis van Ruyven and 
Secretary Nicolaes ]^ayard,as assumed Council. 

Read and considered the petition of Bartholemew Appel- 
gadt, Thomas Appelgadt and Richard Sadler, requesting 
in substance that tliey may be allowed to purchase from 



1674] MINUTE6 OF COUNCIL OF NEW NETHEELAND. 143 

the Indians a tract of land situate about two leagues on 
this side of Middle Towne, near the Nevesings, lit for a 
settlement of 6@8 families, &c. Whereupon, it is ordered : 
The Petitioners' reijuest is allowed and granted, on con- 
dition that after the land be purchased, they take out 
patents in form for it, and actually settle it within the space 
of two years after having effected the purchase, on pain of 
forfeiture. 



At a Council, 18'*' April, 1674, 

Present Governor-General Anthony Colve 
Councillor Cornells Steenwyck 
M"" Cornells van Ruyven and 

Secretary Nicolas Bayard, assumed Councillors and 
Fiscal Willem KuyfF 



John Bound and Richard Hartshooren, residing at JVIid- 
dletown, both for themselves and partners, give notice that 
the land granted to Bartholemew Appelgadt, Thomas 
Appelgate and Richard Sadler, on their petition, is included 
in their, the Petitioners', patent, requesting therefore that 
said land may be again denied to said Appelgate's. 

Ordered : 

Petitioners shall, within six weeks from this date, prove 
that said land is included within their patent, when further 
order shall be made in the premises. 

A certain Proclamation being delivered into Council 
from the Magistrates of the Town of Middletowne, prohib- 
iting and forbidding all inhabitants from departing out of 
said town, unless they give bail to return as soon as their 
business will have been performed, or they be enii)loyed 
in the public service, (fee, requesting the Governor's 
approval of the same ; which being read and considered, it 
is resolved and ordered by the Governor-General and Coun- 
cil, that no inhabitant can be hindered changing his domi 



144 NEW JERSEY COLONIAL DOCUMENTS. [1674 

cile within this Province unless arrested for lawful cause ; 
however, no one shall depart from the Town of Middel- 
toune unless he previously notify the Magistrates there of 
his intention. 

This day Councillors Cornclis Stecnwj'ck and Cornelis 
van Ruyven heard, hy order of G(»vernor Colve, in Fort 
Willeni Hendrick, the claim of some Indians who assert 
that Sicakus, a small island situate behind Bergen, was not 
sold, but only Espatingh and its dependencies, and that 
other Indians blamed them for having sold land that was 
not theirs ; whereupon the deed of purchase being exam- 
ined and arguments further heard, they find the aforesaid 
island to be included in the sale made in January, A" 1658, 
but not in the sale of the land of Espatingh, which being 
interpreted and explained to them by Saartie van Bersim, 
they say they did not know it ; propose that they ought to 
have a present of an anker of rum, which those interested, 
in order to obviate further ditticulty, have consented to 
give them. 



In a Council, holden at Fort Willem Hendrick, this 24**' 
May, 1674 

Present — (to vernor-General Colve 

Councillor Cornelis Steenwyck and 
Secretary Nicolaes Bayard, assumed Councillor. 

Read and coiisidered the petition of Samuel Moor, set- 
ting forth that he is aggrieved by a certain Judgment 
pronounced against him by the Schout and Magistrates of 
tlu^ Town of AVoodbridge, recjucsting that the case may be 
taken u]> in api)eal without bringing it before the de])uty 
Councillors, inasmuch as the Schout who presides over 
them and the Secretary are interested in the case. 

Ordered : 

The Petitioner in the case in question is referred to the 
Court of the deputed Councillors at Aghter Col, whose 



167-1] MINtJTES OF COttiiCiL OF NEW NEtHERLANn. l45 

Judgment must be pronounced on it before it can be take-a 
up in appeal by the Governor and Council, and the Schout 
there is ordered and commanded to be careful that said 
Court be conducted pursuant to the Governor's order, and 
that impartial Judges be appointed over it who are no wise 
interested in the case or with the parties on either side. 

Read and considered the petition of [John] Berry, com- 
plaining that he is aggrieved by a certain Judgment pro- 
nounced by the Court of the Town of Bergen between 
William Sandfordt, Pltff., and the Petitioner, Deft, on the 
last, requesting, therefore, that it may be taken 
up here in appeal. 

Ordered : 

Fiat mandament in appeal for Thursday, four weeks. 

The Schout, Magistrates and Commonalty of the Town 
of Bergen, complaining, by petition, that over two years ago 
a question arose between the Petitioners and their depend- 
ent hamlets of Gemoenepa, Mingaghque and Pemrepogh 
respecting the making and maintaining of a certain com- 
mon fence to separate the heifers and steers from the milch 
cows and draft oxen ; which question was referred, by the 
late government, to four arbitrators chosen by both sides, 
who decided, on the 10^** April, 1672, according to the 
certificate produced in Court, which decision Petitioners 
allege their constant willingness to obey, but it was at once 
rejected by their opponents ; therefore, request they may 
be ordered to comply with said arbitration, or show cause 
for their refusal. 

Ordered : 

Tlie inhabitants of the hamlets Gemoenepa, Pemrepogh 
and Mingaghque are hereby ordered and commanded 
promptly to regulate themselves according to the decision 
of the arbitrators dated the 10*'' April, 1672, or deliver in 
to the Court of .the Governor-General and Council, within 
the space of 14 days from the date hereof, any objection 
they will be able to produce against that decision. 



146 Nf.W JERSKY rOT.OXTAt. POrUMKN'TfJ, [1674 

The Sellout and Matjistrates of tlic Town of Bergen, 
Ct>ni])laiiiinijf. hy petition, tliat some of the inliabitants »»f 
their dependent hamlets, in desparairement of the ])i't*vious 
order of the (xOvernor-Genei-al and Conneil dated the •24"' 
X'"''" last, obstinately refuse to ])ay their (juota to the sup- 
port of the Precentor and Sehoolinastei'. 

Ordered : 

The Governor-General and Couneil persist in their pre- 
vious nuiTidate of the 24"' X''*"*" last and order the Sehout to 
proeeed to immediate execution against all unwilling 
debtoi's. 



At a CouiK'il held in Fort Willcm llendi-iek. 15"' June, 
1674 
Present Governor-General Anthony Colve, 

Councilloi" (Jornelis Steenwyek, 

Fiscal William Kuytf, and 

Secretary Nicolaes P>ayard as assumed Committees. 

On petition of J^oureiis Audriese. ^^amuel Kdsall and 
Dirck Claesen, agents of some hamlets dependent on the 
town of Bergen, requesting that the Schout and Schepens of 
said towns he ordered to leave the Petitioners undistnrbed, 
respecting a certain fence in dispute between them, or to 
cause the Petitioners to be summoned, and to institute 
their action in this case, before the (iovernor, etc. 

Petitioners are again ordered pnrsuant to the pit\ ions 
instruction, to delivci' into ("ourt within 14 days, tlu-ir 
objections in writing to the award given by the arbitrators, 
on pain of discoiitinuam-e without beitig heard any moi'e 
in the pi-emiscs. 

On petition of l.oui-ens Andries and Joost \an der Linde, 
agents for the inhabitants of Mingagt|ue and Pemrepogh, 
requesting to be excused from contiibuting to the support 
of the schoolmaster at Bergen, Arc. 

Ordered : 



1674] MINtJTES OF COFlSfrTL OF KEW NETHEELAND l4T 

Copy liereof to be furnished the Magistrates of the town 
of Bergen, to answer the same. 

On petition of Daniel Denton and John (Tiiinan, agents 
for the inliahitants of tlie Town of Piscattaway, at Ayhter 
Coll, in regard to some valleys in dispute between them 
and the Town of AVoodln-idge. 

Ordered : 

The Governor-General and Council decree and dii-ect, 
that this case in dispute between the Towns of Piscattaway 
and Woodbridge, must be decided by the Court of Sellout 
and deputed Councillors, to wliom shall be added some 
persons in consequence oi' the present small number of 
their Board. 

On the petition of the Schout and deputed Councilloi-s 
of Aghter CoU, requesting, further explanation of the third 
Article of their Ins-tructions and that some persons may 
be added to their Board in order to decide the matter in 
question between the Towns of Woodbrige and Piscatta- 
way, 

Oi-dered : 

Whereas the question is between tM'o Towns and not 
between man and man, as mentioned in the 8*^ Article of 
the Instruction, therefore said case can be decided only by 
the Court of Schout ond deputed Councillors, to whose 
number, on the Petitioners' request, shall be added some 
more persons for the decision of the case. 

Anthony Colve for their Ifigh Mightinesses the Lords 
States-General of the United Netherlands, and his 
Serene Highness the Prince of Orange, &c, Governor- 
General of New Netherland, togethei- with the Council 

To all those who shall see these pi-esents or hear them read 
Greeting, make known : 

Whereas, we are informed by the Schout and deputed 
Councillors, of the respective towns situate at Aghter Coll, 



14.^ NEW JfeRSF-Y COLONIAL tlOCUMENTS. [l^*'*''^ 

tliat between two of said towns, namely Piscattaway and 
Woodbridge, a difterence has arisen in regard to certain 
valleys in dispute between them, and that process has 
issued thereupon before the dei)uted Councillors aforesaid, 
who, in consequence of the small number of their Board, 
caused by the exclusion of the two Deputies from said 
interested towns, they cannot decide said ease, requesting 
therefore that some persons may be added to their Board 
for the decision of said question ; therefore the (iovernctr- 
General and Council have resolved to add some persons to 
said Board, and to that end have ai)})ointed an<l »ju:dined, 
do hereby api)oint and qualify Mr. John J.awrence as 
President, Mr. Kichard Betts, and Mr. James llubbert, 
who are commissioned with the aforesaid P>oai'd of Schout 
and deputed Councillors, on a certain suitable day to be 
previously fixed by the Schout, to hold a session and Court 
within the Jurisdiction of said deputed Councillors, and to 
debate, examine and decide the case in dispute between 
the above-named, according to law ; and the parties in 
question, with their witnesses, and all others whom these 
may in any wise concern, are ordered and directed to 
acknowledge the abovementioned additional members and 
Councillors, or any four of them, as their lawful judges, 
being representatives' of the Board of deputed Councillors 
of said Towns and i)romply to obey their orders. Done 
Fort Willem HendHck, this IT"" June 1074. 



At a Council in Fort Willem ileiidrick, this 21*' June, 
1GT4. 

Present — The Governor-General, 

Councillor Cornelis Steenwyck, 
• M. Cornelis Van Ruyven and 

Secretary Bayard, as assumed Councillors ; and 
Captain Willem Kuyif, Fiscal. 



1674] MINUTES OF COUNCIL OF NEW NETHERLAND. 149 

John Berry being already allowed to appeal from the 
Judgment pronounced between him and William Sandfort, 
in case of injury by the Court of the Town of Bergen, 
dated IV^ d^^^ last, a mandamus is accordingly this day 
granted him. 



At a Court held in Fort Willem Hendrick, on the 5*^ of 

July 1674. 

Present Governor Anthony Colve, 

Councillor Cornells Steenwyck, and 

Secretary Nicolaes Bayard, as assumed Councillor. 

7^*^ July 1674 

Read and considered the petition of William Meaker 
and Thomas Thompson, residents of Elizabethtown, at 
Aghter Coll, complaining that Samuel Moor did, contrary 
to the order of the deputed Councillors of Aghter Coll, 
refuse to deliver up the bail bond executed by the Peti- 
tioners on 26''' June, 1673, to Capt" John Berry, then 
Deputy Governor, to appear before the next Bench and 
there to answer the complaint of Thomas Pardon, &c, 
requesting, further, that said Moor may be conmiancl^ed to 
comply with the order of the deputed Councillors, by 
delivering up said bond, 

Ordered : 

The Governor-General and Council having seen that 
Samuel Moor doth, as it appears, in disparagement of the 
orders of the deputed Councillors, neglect to deliver up the 
bail bond of the Petitioners' to Secretary Samuel Hopkins? 
M'' John Ogden, the Schout is hereby instructed and com- 
manded to put in immediate execution the said order of 
the deputed Councillors against said Samuel Moor, and 
demand said bail bond, or, in case of further refusal, to 
apprehend said Moor and send him a prisoner hither. 

On the petition of Daniel Dantom and John Oilman, 
agents for the Town of Piscatteque, complaining of the 



150 NEW JERSEY COLONIAL POCUMENTS. [1^74 

dilatory exceptions made by Samuel Moor and Pike, 
respecting the retention of the Petitioners' vallevs, rcijuest 
to be maintained in their good right, iVc 

Ordered : 

The Petitioners may cite their parties herein before 
Mess** .John Lawrence, llichard Betts and James Ilubbert, 
and the Court of deputed Councillors appointed by previ- 
ous commission to hear and determine the matter in ([ues- 
tion between the Town of Woodbridge and Piscatteque, 
Therefore are the Petitioners again referred t(» said Court, 
which is hereby recommended, upon due examination of 
affairs, to cause (juick right and justice to be administered 
to parties. 

Captain John Bekkv, PI(ff\ in aj>i)eal, 

(((ja'tnst 

W"^ Sa.ndfokt and Sellout Claes Arentsen, conj(»ined I>ift>< 

Pltff. complains that Defts. have instituted an a('tit>n 
against liini, before the Court at Pergen, for carrying off 
some hogs Avhich he claims to be his own property, and 
have thereon obtained judgment, as if he had obtained 
tlio^e hogs in a scandalous manner, by stealing ; requesting, 
for reasons more fully set iVn-tli in his ])etition and ai)))lica- 
tion for ap|)eal, that judgment of said Court pronounced 
IP" O*"'' last, be anmilied, and the Plttf". relieved from this 
scandalous action. <kc. 

Sellout Claes Arentsen ap[)earing, answei's and retjuests 
that Deft. |in the Court below,] be ordered to prove that 
they were his hogs ; says further, that the C(Uirt aforesaid 
have not condenmed the Pltli". of theft, but of inconsiderate 
removal of the hogs, without the consent of any officer, tfec 

Apj>ellant acknowledges having rashly removed said 
hogs without C(»nsent, thinking they were his own, retpiests 
therefore to be excused, <ki.'. 

Governor-General and Council having heard parties and 
examined and investigated the i)apers and documents pro- 



1674] MINUTES OF COUNCIL OF NEW NETHERLAND. 151 

duced on both sides, declare the appellant in the case, not 
guilty of the suspicion of theft, yet finding that he hath 
gone too far in the inconsiderate removal of the hogs, 
without having previously obtained consent to that effect, 
and modifying the judgment of the abovenamed Court, 
condemn the Appellant herein in a fine of one hundred 
guilders light money, with restitution of the removed hogs, 
on valuation of arbitrators, unless he will within rt m. be 
able to prove that they were his own hogs, and pay the 
costs herein incurred. 

On the petition of -loost van der Linde, and Hendrick 
Spiers, each is allowed a piece of land for a bouwerie, each 
piece 25 niorgens, beginning opposite Schutter's Island, and 
further westerly along the Kill van Koll. 

Lymar_jjiCobse complaining, by petition, that he is 
grossly calumniated by the false accusation of Dirck Ger- 
ritse, as if the Petitioner had committed a very shameful 
and scandalous action, requesting Justice in the case against 
the accused, etc. 

Ordered ; 

The Magistrates of the town of Bergen, are ordered 
legally and publicly to summon Dirck Gerritse within 14 
days, and to proceed against him according to law, on Peti- 
tioner's complaint or else to put their previous judgment 
against him into execution. 

The Governor and Council of New Netherland, having 
seen the complaint of the town of Bergen against the 
inhabitants of the villages of Pemrepogh, Mingagcpiy, &c, 
and the answer given by them, in regard to what the 
inhabitants of Pemrepogh and Mingagcj^uy, aforesaid, owe 
for the support of the Schoolnuister, and precentor of the 
town of Bergen, it is after due incpiiry resolved and 
ordered, that the inhabitants of Pemrepogh and Mingag- 
«piy, shall promply pay their share for the support afore- 
said, on pain of proceeding against them with immediate 
execution. . 



152 NEW JERSEY COLONIAL DOCUMENTS. [1674 



Will ill III IIiiijis Ajfiifai'it Ahoiif til, Taking of Neir York. 

[From 'New York Colonial Documents," Yol. III., p. 213. | 

Affidavit of M" W" Hayes concerning y" taking of 
New York 
This 2" of December 1673 W"' Hayes of London Mer- 
chant personally appeared before me, «k being by mc 
examined, did declare that he the said Hayes being a pris- 
oner in Virginia, on board the Dutch Admirall Euertson 
of Zeeland in Company w'" Binklmrst Admirall of Am- 
sterdam in company w'" fine other frigotts & a iire ship, 
who had taken eight Virginia Merchant ships, & sunke 
Hue after a hott dispute, & tlie saide Duttch fleete w**" their 
prizes being goeing out of James River mett w"' a Slooj)e 
then come from New Yorke which sloope they took &, 
Kxamined the Master in what condicon the said New Yorke 
was as to Itts defence, <k promised the said Master by name 
Samuell Dauis to giue him his sloope againe & all that 
they had taken from liim ill' he would tell them the true 
state of that place, who told them in y'' hearing of this 
Examinant that New Yorke was in a very good condic'on, 
& in all respects able to defend itselfe hauing receiued a 
good supply of amies A: ammunic'on from his Royall 
Highness tlie Duke of Yorke ^\'^^ aduice of their designe 
on that place w*"' made them resolue to steere another 
course, &, not goe to New Yorke, when one SamTiell Hop- 
kins * a passenger in y* said sloope, ct Inhabitant at Arthur 

1 Samukl Hopkins was an early settler at Elizabethtown, and always identified 
with those hostile to the administration of Philip Carteret, and the interests of the 
Lords rroprietois. Uavin;; taken i)art with .lamps Carteret in his attempt to subvert 
the established government, he seems to have become so intimately a.ssociated with 
him, as to take paHsage, in 1073, in the sloop of Samuel Davis, for Carolina, alone with 
Carteret and his wife; but the vessel having been seized, and Carteret put aishoie. 
Hopkins availed himself of the opportunity afforded by his examination, to give the 
Dutch commander such information, as might induce him to carry out the intended 
attack on New York, and lead to the displacement of the I'roprietors' authority in 
New Jersey. |See anlt, page I'Jl.l Success having attended the expedition, the 
good oftices of Hopkins were not forgotten ; and, for a time, he was associated as 
Secretary, with John Ogden as Schout, in the Kovernment established over the 
proTince by the Dutch. See Hatfield's "History of Elizabeth." Eii. 



1674] LETTER FROM CHARLES II. 153 

Call in New England, & a professor there did voluntarily 
declare to y* Dutch that what the said Dauis had informed 
was alltogether false, that New Yorke was in no condicon 
to defend itself e ag* the Dutch, Bat they had few canons 
mounted and those that were upon such rotten cariages 
that one discharge would shake them to peeces & dismount 
the Canon ; that there were but few men in armes in the 
ffort, that any considerable number could not l)e easely 
drawne together, that the Governo"" was absent, being gone 
to Canedicott to visitt Governo"" Winthorpe all w""*" encour- 
aged the Dutch to visitt that place, w*^*" was presently taken 
by them ; Where the said Hopkins yet continues, & had 
encouraged the Dutch to proceede to the takeing of Arthur 
Cull hauing discovered to them allso the weakenes of that 
place ; And this Examinant saith that the said Ho]3kins 
had formerly made his aboade w*/* Cap' James Cartrett, & 
farther saith not 

This Examinac'on was taken the day and year abouesaid 
f^ me Edwyn Stede 



Letter from Charles II., Concerning Obedience to the 
Government of Sir George Carteret. 

[From " Grants and Concessions," p. 49.] 

Charles H. 

Trusty and well beloved, we greet you well. Whereas 
our right trusty and well beloved Councellor Sr George 
Carteret Knight and Baronet, by Grant derived under 
Us, is seized of the Province of New-Ccemrea, or New- 
Jersey, in America, and of the Jurisdiction thereof as 
Proprietors of the same, in the Plantation of which said 
Province, the said Sir George Carteret, hath been at great 
Charge and Expence ; and whereas of late, great Troubles 
and Disorders have happened there by some ill affected 
Persons. We being willing and desirous to encourage the 



154 NEW JERSEY COLONIAL DOCUMENTS. [1674 

Inhabittintj and Platitiiitr of the said Province, and to pre- 
serve the I'eace and Welfai'e of all our loving Subjects 
residing there, we do tlu-refori! hereby re([uire jou in our 
Name, to use your must endeavours to prevent all Trou- 
bles and Disorders there for the futui'e ; and strictly to 
charge and command all Poisons whatsoever inhabiting 
within the said L'l-ovince. forthwith to yield obedience to 
the Laws and (lovernment, which are or shall be tliere 
established by the said Sir (tkor(;e Cakteket, who hath 
the sole Power under us, to settle and dispose of the said 
Country, u[)on such Terms and Conditions as he shall think 
tit ; and we shall expect a ready complyance with this our 
Will and Pleasure, from all Persons whatsoever, dwelling 
or remaiiung within the same, upon Pain of incurring our 
high Displeasure, and being j)roceeded against according to 
Law, whereof you are tq give publick Notice to all Per- 
sons that are or may be concern'd. And so we bid you 
farewell. (-Jiven at our Court at WhkIso,', the 13th Day 
of Jtoit, 1674. In the 2»>th Veai- of our IJeign. 
Jjif lu'S Miiji.^tif.s CiniiiiKi ii<K 

Aklin<.ton. 



Proct'iIiiKja of Co'iii ni Ihhii'ion t<> niJfVrciiceal^ctwetn 
J*i.\((if(i ii'di/ (iiitJ Wi)(>tlhrt<l(/e. 

(From "N. Y. Col. MSS.," Sirietaiy's OHitc, Albany. Vol. XX TIL. |mRp35«.| 

According to Speciall Commission tfrom his Honour, 
the Governour, the Court was hoiden |atj Kli/abeth 
Towne, the 2Mrd Day of .lune lt'.74. The said ('Ourt 
Received and Heard the Com j plaintj of the Inhabitants 
of Piscattaway by there Agents in a Declaration by them 
Kxhibited which Decla | ration) Peing against some pai-ticu- 
lar persons of Woodbridge and not against the Towne in 
(ienerall tlie |said| l*ersons refused to Joyne L'^hue in the 
case, as by an exception by the said persons produced {\\<j\v 



1674] PISCATAWAY VERSUS WOODBRIDGE. 155 

[by the] hands of the President, Mr. John Lawrance) 
before me thereunto had Dotli more at large app [ear,] 
which said Exception did Interdict and stop the Courts 
further Course of Process, Tliere Commission [be] ing 
Expresse to heare and Determine a Difference between 
Twoe Townes viz : Piscattaway and Woodbr [idge] not- 
withstanding Tlie Court spent much time in Hearing both 
Plaintiffs and Defendants Theire an [swers] and affirma- 
tions Touching the said Case, by all which tlie Court is 
made sencible That the Inhabitants [of] Woodbridge are 
Possessed of a considerable Part of meadoe which the 
People of Piscattaway did fformerly pur [chase] of and 
from one Daniell Peirce and was bounded ont to them by 
him w*^^^*^ said bounds w^as approved [by] Phillip Carteret, 
then Governour and by his order was Recorded, moreover 
some of the Woodbridge men w[ere] prosecuted against 
by the plaintiff's, have acknowledged before the Court that 
they judge the Plaintiffs have sustayned wronge, and that 
they have right to a Third 2)art of a Certaine Purchase of 
Land made by the said Peirce ft'roni the sd Governour and 
John Ogden and Luke Watson which Third Part of Land 
(if could be obtaijued) the C?ourt doth strongly conjecture 
would satistie the Piscattaway men. 

By Order of the Court 

J. Hoi'KiNS Sec^ 



Petition from iJic InJxihitanU of To\rn.s in JS'cw Jersey for 
( 'onfriitiiflon <f their Privile(jrf<. 

[From ■• M. V.Col. MSS.," Secretary's Office, Albany, Vol. XXIII., p. 367 | 

To the Ilonounible (Toveriiour Generall of New 
Netherlands aiul his Coiinsell at New Orange. 

May your Honour please, the Lords Commanders and 

Counsell of Warr Agust in answer 

to a petition presented to them by the people and Inhabit- 



156 NEW JERSEY COLONIAL DOCUMENTS. [1674 

ants of Elizabctli (towne] Newarke and Fiscattaway did 

promise the petitioners should unmolested 

. . possess their Legall bought and payd for Lands 

which hv the (Tovernour should a ts forme 

be eontirmed to them. And that the said Townes shall 
have alowed [them] the same privileges and freedomes 
that to the natural subjects and Duch nations shall be 
given : and that freedome & Liberty of Conscience shall 
be allowed to them according as the same is in the Nether 
Lands. This Confirmation According to forme (viz : That 
wee S: our heires and assigns shall forever injoy our Pos- 
sessions and Purchased bounds in After Coll., in the tenure 
of freeholders and Rightful Possessours aud Inheritors 
thereof) your Hoiiour's petitioners do humbly desire may 
be granted to them according to former Promisse. Soe 
shall you greatly oblige your humble petitioners. 
Newark, June 20. 1674. 

In the name of the Townc, 

John Pkown .lun!' Recorder. 
For Elizabeth Towne 

Jacob Melven 
Jn the behalf of the Towne of New Fiscattaway 
Daniell Denton. 



Conimisalon <>f M<ij<>i' Kdiunml Aiuhvn^ to he Governor 
of New York. 

[From "New York Colonial rtocimients," Vol. IIT., p. 215 i 

James Duke of Vorke and Albany, P'^arle of Ulster, tfec 
Whereas it hath pleased y'^ King's most Excellent Ma'*' my 

1 RuMi'NMi Amikos. Seigneur of Sansmarez, was horn in London December fith, 1637. 
lliH anceMtois were IVoiii N<)itli;mii)IoM»liiit'. but in llie Mixteenth century became con ■ 
iipcled with the island of (iuernscy. and t)y marriajjc the rief of Sausiraare/, came into 
the family. Edmund, witli some of his immediate family, having continued loyal to 
• "harlen the Second, during all the UiHturbauceH of the period, was rewarded by being 
mode Crentleniau in Ordinary to Elizabeth Stuart, Queen of liohemia, the King's 
aunt: aud subsequently distinguished himself in the war against the Dutvh, which 
ended in 1607, and in Ui'ri was commander of the forces in Barbadoes, aud wais con. 



16741 COMMISSION OF GOVERNOR ANDROS. 157 

Soveraigne Lord and brother bj his Letf* Patents to give 
and grant unto Mee and my heyres and assignes all that 
part of ye Maine Land of New England beginning at a 
certaine place called or knowne by y" name of S* Croix 
next adjoyneing to New Scotland in America and from 
thence extending along y* sea Coast unto a certaine place 
called Pemaquin or Pemaqnid and soe up the River there- 
of to y*^ furthest head of the same, as it tendetli North- 
wards and extending from thence to the River Ivinebequi 
and soe vpwards by y*" shortest icourse to y* Jliver Canada 
northwards. And also all that Island or Islands comonly 
called or knowne by y*" severall names of Matowacks or 
Long Island scitnate lying and being towards y® West of 
Cape Codd and y® Narrow Higansetts abutting upon y® 
maine land betweene y*" two rivei's there called or knowne 
by y*' severall names of Conecticut and Hudsons River 
together also w*** y® said river called Hudsons River and all 
y* land from y^ West side of Conecticut river. to y® East 

sidered as particularly well versed in American aft'airs. In April of that year Andros 
was promoted to be major of a regiment of Lorse, directed to be armed '" with tlie bay- 
onet or great knife," this being its first introduction into the English army. In the 
same year, in consideration of his public services, he had the dignity of a Landgrave 
of Carolina bestowed upon him by the Palantine and Proprietors, with 48,000 acres of 
land. His father died in 1674, and he became Seigneur of the Fiefe and succeeded to 
the office of Bailiff of Guernsey. The same year, his regiment having been di.sbauded, 
he was commissioned by the King to receive New Vork and its dependencies from the 
Dutch, in accordance with the treaty of peace, and was appointed Governor General of 
that province. He arrived at New York in November, 1674, accompanied by his wife 
Having returned to England in November, 1677, he was knighted by Charles the Sec 
ond the following year, and in May sailed again for New York, bringing with him as 
his Chaplain the Reverend Charles Wolley, A. M. AiTiving on the 7th of August, he 
resumed the government and administered it until 1681, when he was ordered to Eng- 
land, and the following year was sworn Gentleman of the King's Privy Chamber. In 
1686. James the Second appointed him Governor Captain General and Vice- Admiral of 
New England ; and in 1688 New York and New Jersey were also placed under his juris- 
diction. An acquaintance with the local histories of the different colonies plainly re- 
veals the unpopularity of his administration of their attairs— New Jersey not being 
excepted. He was deposed from his position in New England in 1689, in consequence 
of the success of the revolution in favor of William and Mary, and sent home in 169^. 
He continued, however, in favor with the Court, and in 1692 was appointed (ioveruor 
of Virginia, and continued there until 1698, having succeeded in administrating the 
affairs of the colony in. a way to secure the favor of the people. In 1704, t^ueen Anne 
conferred upon him the government of Guernsey, which he held for two years. He 
was then appointed Bailiff, and held that otiice until his death, in 1714, aged 76 : which 
occurred in the parish of St. Anne, Westminster. Although married three times, he 
left no issue. See note of Dr. O'Callaghan, •' N. Y. Col. Docta.," Vol. II., p. 740. Ed. 



15S NEAV JERSRV roT.ON'IAT. DOCrMEXT?. [1674 

side of Delaware Bay. and also all those severall Islands 
called or knowne bv _v'" name of" Mai'tiiie Yynyards and 
Nantnkes otliei'wise Nantukett, toi>-ctlu'r with all the 
i/mds islands soiles rivers hai'boni-s mines minei-alls quar- 
ryes woods marshes waters lakes tishint;-s hawking, hnnting 
and fowling and all royaltyes, and j)roflitts eomodityes and 
hereditaments to y'" said severall islands lands and prem- 
ises, belonging and a])perteyncing with their and every of 
their appnrtenances ; To hold y*' same to my owne proper 
use and behoofe w^'' ])owerlo correct punish ])ai'don govern 
and rule y^ inhabitants thereof by my selfe or snch depu- 
tves Comiss'* or othccrs as T shall think titt to a])])oint, as 
bv his Ma"'"* said Lettei's Pattents may more fnljy a|)peare.* 
And whci'eas I have conceived a good opinion of the 
integrity ]>rudence ability and fittnesse of Major Edmund 
Andros to be employed as my Lieutenant there. J have 
therefore thought fitt to constitute and appoint him y'' said 
Major Edmund Andros to bee my Lieut* and (lovernour 
within y** lands islands and places aforesaid to ])erforme 
and execute all and every y*" powers w'*' are by y^ said 
letters Patents graunted unto ^lee to be executed l)y Me 
mv Deputy Agent or Assignes To have and to hold y^ said 
place of Lieutennant and Goveriioiii- unto him y" said 
Edmund Andros Escj^ but dureing my \v\U ami ])leasure 
only, Hereby Avilling and requireing all and every y*" inhab" 
itants (»f V* said lands islands and ]>laces to give obedience 
unto liim y"' said Edmund Andros Esi]"" in all things accord- 



1 The commission to Thomas Donoan sh Govenior of New York, dated at St. 
Jaiuee. Septenihei- :iOtb, 1BS2, is of the same tenor lis this loinmissiou to Audios. 
excepting that it inclmlos, alter the words " fully appeaie," the following pas.sage : 
•• And wher<>a8 I have since for divers good causes and consideracous Wy severall 
iustrum'tx undr ni^^haiid and seale bargained stild released and contirnied unto Sir 
Oeorge Carterett (late \ic<' Chamlierlajnc to His Mats Hoiisphold) and his lieires, and 
unto Edward I'.illiiif: and others and their iieires, all ye tract of land (prcell of ye 
pr misses) coinoiily called or kiiowue hy the iiaiues of East and West New Jersey, 
scitnate on the West side of lludsoiis Kivei- accordin;; to ceitaiue Bouiularyes more 
particularly expressed in \e s'd sev'rall instnuii'ts and uud'r ceitaine lents and cove- 
u ts as therein relacon beiu;; thereunto had may luore fully appeaie.' Then follows 
the coufei luent of the authority upon Dougau to be his Lieutenant and Governor with, 
in the said lands, except the said Eaijt and West Jersey. El>. 



1674] PISC'ATAAVAY VERSUS WOODBRIDGE. 159 

ing to y' tenure of His Ma*' Letters Patents. And y^ said 
Edmund Andros Esq"" to observe folloM' and execute such 
orders and directions as he shall from time to time receive 
from rayselfe. Given under my hand and seall at Wind- 
sor this tirst of Julv 1(!T-1 ^ 



Jh™;:;:;:'""'^ Mm€/- 





Decision of iJie Court liespeding Differencen Between 
Piscatmnay and Woodbridge. 

(From "X. Y. Col. MSS.,'' Secretary's Office, Albany, Vol. XXIII., p. 367. | 

The Judgement sk Determination of y*^ Court of 

COMITTEES. 

At a Court of Comittees holden at elizabeth toM-n in 
After Coll ye IT"' & 18"' days of July by a speciall Comis- 
sion ffrom his honor ye Governor bearing date ye 16"' of 
July 1674 aforesayd ffor ye hearing & determining a case 
in difference Between ye town of Piscattaway on ye one 
part plentive and ye town of Woodbridge on }'e other part 
diffen [dant] about their rights and titles of lands and 
Madows in Contraversy have heard and examined ye plea 
and proofs of both partys who did then and there produce 
each other's rights by purchas as [certain] deeds & 
evidences originally and by i-ecord did make to appear 
. . . . together w*^ their witnesses affirming & giving 
testimony to many particular circumstances relating to ye 
premises upon ye whole processe S: plea of both parties the 
Court doth ffind y"^ the aft'oresayd plentives & defendants 
have a just and right to each of them a tract of land con- 



\C,() NEW JRRSEV colonial t)0CltMEJtT8. [1^74 

tayniiig upland & Medows ffor ye settlement of each tlieir 
plantations it that ye devision of ye bounds thereof hath been 
lavd o\it by ye survei<^hors (le])Utt'd A: authorizetl by ye then 
(xovernor (ffor ye tinu' buint;) of ye sayd place tfc ])r(tvince 
as by their records dnth plainly appear but ITorasniuch as 
it was acknowldged by ye delfendants that theii" devission 
was never leij^ally made by setliuii: ye east bounds between 
ye towns ye court doth declare ye griuind of difference to 
arise ffrom ye afuresayd sui'veittrs who have not made tliat 
exact and equall devission they should have done to ye just 
satisfaction of both parties and therefore ye Court doth 
judii;e and determine that a sworn surveighor unconcerned 
to either party whom our governor shall think tit to 
appoint should make a just and exact devission of ye sayd 
lands tS: medows v.^ each party according to their sa^'d 
rights to be (piietly possessed thereof each party in the 
proces to bear there own charges unles it doth appear when 
the devission is made that either of ye sayd partys have 
intrenched upon each others limits & that whilst this 
devission is made they shall without molestation cut or 
mow their grass or hav within the limits of ve whole. 
This wee publish as our judgement i.^: decree at eli/abeth 
town as aforesayd this 18"' day of July 1HT4. 
By order of the Court as ufforsed 

A True Coppy pr J. Hoi-kins ISec'v. 



Wiirrdnt i<> Preparr a Patent to S'lr (Trniujr Vnrti'i'd for 

h\ist Jirxi'ij. 

(Fioiii "New York CoUniiul Do.uineut.s," Vol. IIL, p. 2-23.1 

Whereas, the King my Soveraigne Lord and P)rother 
hath beene pleased by his letters Patents under the Great 
Seal of Knglaud to give ami graunt to me and my heires 
All that |tart of the main land of New England in America 
now called by the name of New York together with Long 
Island and severall lands and territories in the said Lre's 



1674] OEDEK FOR PATENT TO SIR GEO. CARTERET. 161 

Patents more at large expressed ; And Whereas I have 
thought fit to give and conferr upon Sir George Carteret 
Vice-Chamberlaine of His Ma'*" Household and his heires, 
All that tract of land adjac' to New England and lyeing 
and being to y*" Westwards of Long Island and Manhatans 
Island, and bounded on the East part by the maine Sea, 
and part by Hudson's River, and extends Southwards as 
farr as a certaine C'reeke called Barnegat, being about y^ 
middle betweene Sandy Poynt and Cape May, and bounded 
on the West in a streight lyne from the said Creeke called 
Barnegat to a certaine Creeke in Delaware River next 
adjoining to and below a certaine creeke in Delaware 
River called Rankokus Kill, and from thence up the said 
Delaware River to y'^ Northermost branch thereof which is 
in 41 Degrees and 40 minutes of Lat. and on the North 
crosseth over thence in a streight lyne to Hudson's River 
in 41 Degrees of Latitude ; These are to will and require 
you forthwith to prepare a bill tb passe my signature con- 
teyning a graunt of y® aforesaid lands to the said Sir 
George Carteret and his heires, reserving the annuall rent 
of Twenty Nobles to me and my heires ; and you are to 
insert such apt clauses as may make my said graunt elfec- 
tuall in law to the said' Sir (Teorge Carteret and his heires. 
Provided that this Warr' be first entered with my Audif 
and for so doing this shalbe your Warr' Given und"" my 
hand at Wydnsor this 23"' of July 1674 James 

To Sr Francis Wvnnin(;t()N Knt: my Attorney Gen" or 
Sir John Churchill mv SolK Generall 



Lease from James, Duke of York, to Sir Geonja Carteret, 
far the Northern Half of New Jersey. 

[From Original in New Jersey Historical Society Library.] 

%W %\\iit\\\\XU made the Eight ifc twentyeth Day of 
July in the Six and twentith Yeare of the Raigne of our 
Soveraigne Lord Charles the second by the grace of God 



162 NEW JERSEY COLONIAL DOCFMENTS. [16Y4 

of England Scotland ffranfo and Ireland King Defender of 
the faith &c Annorj Dom' One thousand Six hundred 
Seaventy and fower ^fta'fcne liis Royall Higlines Sfamfjei 
Duke of Yorke and Albany Earle of Vlster Lord high 
Admirall of Scotland and Ireland of the one parte, and S^ 
George Cartrett of Saltrum in the CountA" of Devon Kn' 
Vice Clianibcrlaine of his Ma"*"" household of the other 
parte ^Vitncs'ji'fth that his said Koyall Ilighnes James Duke 
of Yorke for and in Consideracon of the sum'e of Tenn 
Shillings of lawfull money of England to him in hand paid 
before the ensealing and Delivery hereof by the said S!' 
(4eorge Cartrett forever by these presents ISath bargained 
and Sold and by tliese presents doth bargaine and sell vnto 
the said Sr George Cartrett ^H that Tract of Land adjacent 
to new England and lying and being to the westwards of 
long Island and Manhatam Island and bounded on the East 
parte by the said Maine Sea and parte by Hudsons River 
and extends Southward as far as a eertaine Creek called 
Barnegatt being aboute the middle betweene Sandy ])oint 
and Cape May and bounded on the West in a Streight lino 
from the said Creek called Barnegatt to a eertaine Creek 
in Delaware River next adjovneing to and belo\v a eertaine 
Creek in Delaware Rivei' called Kankokus Kill and from 
thence vp the said Delaware River to the Northennost 
branch thereof which is in tf'orty one Degrees and fForty 
minutes of Latitude and on the Xorth crosseth over thence 
in a streight line to Hudsons River in tforty One Degrees 
of Latitude which said Tract of land is hereafter to bee 
called by J^he name or names of new Ceserea or new.lersey. 
And alsoe all Rivers Mines mineralls woods tishings 
hawkins hunting and fowling, and all Royalties prothtts 
co'modities and hereditaments whatsoever to the said 
Lands and ])remisses belonging or apperteyning with their 
and every of their Ap])urten'nces, and the Reverc'on and 
Reverc'ons Remainder and Remainders thereof ?0 havf and 
to hold the said Tract of Land and premisses with their and 
every of their Aj)purten'nces vnto the said S*" George 



1674] DUKE OF YORK TO SIR GEO. CARTERET. 163 

Cartrett from the daj of the date of these presents vnto 

the full and ternie of One whole yeare 

from thence next ensuing and fully to bee compleate and 
ended ^eililiur) and paying therefore vnto his said Royall 
Highnes' James Duke of Yorke his heires or Assignes the 
Rent of a Pepper Corne vpon the ffeast of the Nativity of 
S' John Baptist which shall be in the yeare of our Lord 
God one thousand six hundred Seaventy and ffive only (if 
the same shall be lawfully demanded ^n Witne^'jSC thereof 
the parties to these presents have Interchangably sett their 
hands and scales the day and yeare tirst above written. 

May it please yo"" Koyal Highnes James 

this containes a bargaine of sale 
for a year from yo"" Royal Highnes 
to S^ George Carteret of y® lands 
above menc'oued 

fl'RA : AviNNINGTON. 

[On the back. I 

Sealed and delivered in presence of 

WiNDESOR 

Jo Werden 



Bel ease from James^ Duke of York, to Sir George Carterei., 
for JS^eic Jerseij. 

I From Original in Library of New Jersey Hii^torical Society.] 

ihi^i incktttUrf made this Nine and twentyeth day of 
July in the Six and twenty'th yeare of the Raigne of our 
Soverayne Lord Charles the second by the grace of God of 
England Scotland France and Ireland [King] Defender of 
faith &c Annoq. D'no One thousand Six hundred Seaventy 
and flower ^etWffttC his Royall Highnes fameiS' Duke of 
Yorke and Albany [Earl of Vlster Lord] High Admirall 
of Scotland and Ireland of the one parte, and Sr George 
Cartrett of Saltrum in the County of Devon Ivn^ Yice 



Ifi4 NEW JERSEY COLONIAL DOCUMENTS. [1674 

[Chamberlain] of liis ^Ma"'"'' [lioiiseliold | of the other parte 
'^fhereau' his Ma*"" King Cliarles tlie second l»v hi;? Letters 
Patents viider tlie gi-eat Scale of England hearing date the 
twenty ninth day of June in the twenty sixth veare of his 
said Ma"'"* Raignc ^'u\ for the Considerae'ons therein nien- 
c'oned give and grant vuto his said Koyall llighnes James 
Duke of Yorke liis Heires and As^ignes ^ ^U that parte of 
the maine Land of new England begining at a certaine 
place called or knowne by the name of S^ Croix next 
adjoyning to new Scotland in America and from thence 
extending along the Sea Cost vnto a certaine ])lace called 
Pemaqnine or Pemaqiiid and soe vpj) the Kiver thereof to 
the furthest head of the same as it tendeth Northward 
and extending from thence to tlie River of Kenibeqne and 
soe vpwards by the shortest C^oni'se to the River Canada 
northwards And alsoe all that Island or Islands com'only 
called by the severall name oi- names of Matowacks or long 
Island seitnate and being towards the west of Caj)e Codd 
and the nari'ow Iligansetts abutting vpon the maine land 
l»etweene the tw(» Rivers there called or knowne by the 
severall names of Conectecutte and JIudsons River, To- 
gether alsoe with the said Uiver called Hudsons River and 
all tlie Land from the west side of (■onectecutte River to 
the east side of Delaware Jiay, And alsoe severall other 
Islands and Lands in the said J.etters Patents menc'oned, 
Together with the Rivers Harbours mines mineralls quar- 
ries woods marshes waters tHshings Hawking hunting 
and fowling and all other Royalties ])rottitts commodities 
and hereditaments to the said severall Islands lands and 
premisses belonging or a])pnrteyning ^o have and to hold 
the said Lands Islands hereditaments and premisses M-ith 
their and every of their Ajipnrten'nces vnto his said Royall 
llighnes James Duke of Yoi'ke his heires and Assignes for 
ever To be liolden of his said Ma^^ his heires and Sueces- 



1 This was a renewal of the first fC'-ant. given after the restoiation of the coiiiitry by 
the Dutch. It maybe found, printed at length, in 'Mirants and Concessions," 
p. 41. Ki.. 



1G74J DUKE or YORK TO SIR OEO. CARTERlCT. 165 

sors as of the Mannors of East Greenewich witliin the 
County of Kent in free and com'on Soccage IJfiltlino & 
paying to liis said Ma^*' Ids lieires and successors of and 
for tlie same Yearly and eveiy veare fforty Beaver skins 
when thev sliall be (U'lnancU'd or within Ninety days after 
with divers other grants clauses j)r()visoes and agreements 
in the said recited Letters Patents conteyned as b_v the 
said Letters Patents relac'on being iherevuto had it doth 
and may most plainely appeare. giaiV M$ gUtUutUre 
IVitUflSi.SiCtU that his said Royall Highnes |ame.^ Duke of 
Yorke for and in considerac'on of a Competent snme of 
good and lawfull money of England to his said Royall 
Highnesse in hand paid by the said S'.' George Cartrett 
before the sealing and delivery of these presents the receipt 
whereof his said Royall Highnes James Duke of Yorke 
doth hereby Acknowledge and thereof doth acquitt and 
discharge the said S'. George Cartrett his heii-es and 
Assignes for ever by these presents ^atlt granted bargained 
sold released and contirmed and by these presents doth 
ofrant baro-aine sell release and contii-me unto the said 8!' 
George Cartrett his heires and Assignes for ever ^U that 
Tract of Land adjacent to new England and lying and being 
to the westwardes of long Islands and mauhatom Island 
and bounded on the East parte by the maine Sea and parte 
by lludsons River and extends as Southward as far as 
acertaine Creeke called Barnegatt being aboute the middle 
betweene Sandy point and Cape May and bounded on the 
west in a streight line from the said Creeke called Barne- 
gatt to acertaine Creeke in Delaware River next adjoyne- 
ing to and below acertaine Creeke in Delaware River called 
Rankokus Kill and from thence by the s*^ Delaware River 
to the Northmost branch thereof which is in forty one 
degrees and forty Minutes of latitude, and on the North 
crosseth over thense in a Streight line to lludsons River in 
forty one deo-rees of Latitude w'!' said Tract of Land is here- 
aftei- to be called by the name or names of new Cesarea or 
new Jersey And alsoe all Rivers mines mineralls woods 



166 NEW JERSEY fOLONIAI. DOCTMENTS. [1674- 

tishini^s ha\vkini>; limiting iiiid fowling anil all royalties 
prottitts co'inodities ami liereditaiiu'nts whatsoever to the 
said Lands and j)reinis!>e8 belonging or appurteyning with 
their and every of their Apjmrten'nces in as fnll and ample 
manner as the same is granted vnto the said James Duke 
of Yurke by the before recited Letters Patents, And all 
the Estate right title interest benetitt advantage elaime and 
demand of the said James Duke of Yoi-ke of in and to the 
said Lands and premisses or any parte or parcell thereof 
and the lieverc'on and Reverc'oiis Remainder and Remain- 
ders thereof All which said Tract of Land ana premisses 
were by Indenture bearing date the day before the date 
hereof l^argained and Sold by the said James Duke of 
Yorke vnto 8'' (leorge Cartrett for the Terme of one M'hole 
yeare to comence from the Eight and Twentyeth day of 
July next before the date hereof under the Jient of one 
pepper coriie ]>ayable as therein is menc'oiied as by the 
said Deed more plainly may appeare by force and virtue of 
which said Indentui-e of Bargaine and Sale, and of the 
Statute made for Translfen-ing of Vses into possession the 
said S' (ieorge Cartrett is in actuall possession of the said 
Tract of Land and premisses and enabled to take a grant 
and [Release] tlu'ivof the s;iid Lease being made to that 
end and purpose (LO havr and to hold All and singuler the 
said Tract of Land and premisses with their and every of 
their [Apjmrten'nces and every parte and parcell thereof] 
vnto the said S'.' (Teoi'ge Cartrett his heires and Assignes to 
the only Vse and behoofe of the said Sr George Cartrett 
his heires and Assignes forever [yeilding and paying there- 
fore vnt<j the] said James Duke of Vorke his Heires and 
Assignes for the said Tract of land and premisses yearly 
the sume of Twenty Nobles of lawfull money of England 
[if the same I shall be lawfully demanded att or in the 
Inner Temple-hall London att the feast of S"^ Michaell the 
Archangell yearly '^nA the said S*^ George Cartrett for 
himselfe his Heires and Assignes doth Covenant and grant 
to and with the said James Duke of vorke his heires and 



1674] SIR GKo. Carteret's instructioxs. 16? 

Assignes by these presents that hee the said S'. George 
Cartrett his heires and Assignes sliall and will well and 
truly pay or cause to be paid vnto his said Koyall High- 
nesse James Duke of Yorke his heires and Assignes the 
said yearly rent of Twenty Nobles at such tyme and place 
and in such manner and forme as before in these presents 
is expressed and declared ■^vovirtfrt allwaies and vpon this 
Condic'on that the said S'.' George Carti-ett doe cause a 
Copy of this grant and Demise to be entred with the 
Auditor of his said Roy all Highnesse within one month 
next after the Execuc'on of this present grant and Demise 
^n Witu-C.^iisi whereof the parties to these presents have Intei- 
changeably sett their handes and Scales the day and yeare 
tirst above written. 

May it please yo"' Kuyal Highnes James 

this couteines a release from y"" Royal 
Highnes to S'.' George Cartei-et and 
his heires of y'' lands above menc'oned 

ft'RA : AviNNINGTON 
I On the back.] 

Sealed and delivered in presence of 

WiNDESOR 

Jo: Weruen 



DirfHlons, InstruHioiift mid OvJerH to Governor Philip 
Carteret and Jiis Counril, and the InJinhitants of Eaat 
Jersey^ hy jS'ir George Carteret. 

(From the Original, iu the Library ol' the New Jersey Historical Society.) 

Directions Instructions and Orders made and Given 
by the Right Hono''!'^ Sir George Carteret Kn! & Baronet 
Vice Chomberlain of His Ma^'f'* household and one of His 
Ma^'f* most honourable Privy Councill, Lord Proprietor of 
the Countrey or Province of New Cesarea or New Jersey, 
together w''' a Declaration by him made of the true intent 



168 NEW JKKSEV COLOXIAI. DOCl'MEXTP. [1^74 

A: ineaiieiiiij, and an K.\])laiiati(>n of Several! Articles (»f the 
Cinieessioiis foniicrly made 1)V liiin and the Loi'd John 
Berkley, Dated the tenth of fi'ehinai'v in the Yeare of onr 
Lord one thousand it' Six hundred ISixty-fower to hee 
observed by the (roverno!" and Councill aiul Inhabitants of 
the said Province. 

"Whereas Dnrino; the late Warr betwecji II is Ma'!'" and 
the Dutch the Conntrey of ^'ew Yorke and ]Sew Jersey and 
other adiacent ])arts M'as Concjuered by them, whue have 
since in pursuance of the Ti-eaty of Peace restored all the 
said Conntreys to His Ma'!'" And His Ma'f havino- been 
since pleased to Grant the same by his Lettei's Pattents to 
His Royall Ilighnesse the Duke of Yo'ke ; And His said 
Royall Iliii'lmess haveiiii;- since by Deed Dated the twenty 
eight Day of this instant July (iraiited to vs our heires ^S: 
assignee all that 'J'ract of Land adiacent to New England 
and lying tV being to the Westward of L(»ng Island iV Man- 
liatans Island and bounded on the East parte by the Maine 
Sea and i»art by Hudsons River and extends Southward as 
farr as a certaine Creeke called Barnegatt being about the 
uiidle between Sandy point and Cape May and bounded on 
the West in a Sti'aight Lyne from the said Creeke called 
Barnegatt to a certaine Creeke on Dellaware River next 
adioyneing to and below a certaine Creeke in Dellaware 
River called Renkokus Kill and from thence \ jt the said 
Dellaware River to the Northermost branch thei'eof w'".'' is 
in forty one Degrees v!i: forty minutes of lattitude and on 
the North C)'osseth over thence in a Straight Lyne to Hud- 
sons Hivei- in f(»rty one Degrees of lattitude, wliii h said 
1'ract of Land is to be Called New Cesarea oi- New Jersey, 
Now AVee being willing to settle and estal)liie the peace tfe 
wellfaii- of the said Countivy oi" Province lia\e made these 
Directi<»ns Insti-uctions and Orders, and alsoe the Delai-a- 
tiun A: Explanation of Severall Articles as IfoUoweth . . 
. . Wee being nuide very Sensible of the great Disorder 
in our said Province occasioned by severall persons to the 
great preiudice of our selfe, our Governo!' & Councill and 



167-i] SIR G'RO. CARTEREt\s INSTRrCTIONS. I*i9 

all otlier peaceble & well mynded Inhabitants w*Mn our 
said Province by Claynieing a Right of Propriety botli of 
Land ct Government ; Wherefor Wee Doe heerby 

1 Declare, ifmsT, That all Lands Granted by s** Gover- 
no"; to the twenty eight of Jnly one thousand Six hundred 
Seaventy two ct confirmed in onr Name by Pattents or 
Charters vppon Kecord in onr Secretaries office vnder s'^ 
Province Scale Signed by him & the maior parte of his 
Coiincill shall remaine to the particular owners thereof 
their Heires &c for evi3r w^'' all the benefitts p''titts dc 
privilidges therein contayned, they performing what they 
are obliged vnto, in ever}^ of the said Respective Pattents 

2 or Charters : Secondly, ifor Such as pretend to a 
Right of Propriety to Land & Governmen!^ w'Hn our Prov- 
ince by Virtue of any Pattent from Governo'.' Coll Richard 
Nicholls as they ignorantly assei-t Wee vttej'ly Disowne 
any such thing ; A grant they had from him vpon such 
condic'ons w''*' they never p'formed and by the said Graunt 
they were obliged to Doe & p' forme such act <t things as 
should bee apointed by His Royall Highness or his Depu- 
ties whose poM'er remained in vs by virtue of a Pattent 
from His said Royall Highness bearing Date long befour 
those Grants, w'^*' hath beene often Declared by our Gover- 
nor and since owned vnder the Signe man'nall of His Royall 
Highness bearing Date the twenty fifth of November one 
thousand six hundred Seaventy two, and Demanded their 
Submission to our Authority & to Pattent their land from 
Vs, & pay our quitt Rent according to our Concessions, 
w''.'' if they liad Done or shall yet Doe ; Wee are content 
they shall Enioy the Tract or Tracts of Land they are 
Settled vpon. Provided it hath not beene taken vp con- 
trary to our Order, and that it bee not to the preiudice of 
the rest of the Lihabitants & to have such other priviledges 
& immunities as s'^ Govenn/ & Councill ct they shall agree 
v'pon ; But if such persons as have not ah-eady receiued 
Pattents of their lands from A"s, shall not w'.''in one year 
after notice to tliem given of this our pleasure therein & 



1T<) NKW JERSKY COI.oNIAl. DOCL'MKN'TS. fl674 

axcept Pattents of tlieir said lands. Wee Doe lierebv order 
!>'' Govenio"" ^V: Couiicill to Dispose of such lands or tenem** 
in whole *)V in ]xirte tor our best advantage to unv otiier 
persons; And if any ])ers(jn or j)ersons Doe thinke they 
have in Justice or wrong Done them by this o' })ositive 
Determination, they may adress themselves to the King 
iV: Council! and if their Right to that Land or (io\ernm!^ 
apeai-es to bee better tlien ours Wee will readily Submitt 
3. thervntu — TniRDi.v, our order is that those persons 
that were the Cheife Actors in attem|»ting the makeing of 
an alteraticjn in our Governn'i^ bee pi-oceded against accord- 
ing to a Declaration of our Governor and Councill bearing 
Date the twenty-eight Day of May one thousand six hun- 
dred Seaventy two, exept they shall Imediatly vpon the 
publication hereof nuike their adresses to our Governo!" 
and Councill for Remission of their offences and that all 
psons that have Sustayned loss or Damage by mayntaining 
our Just Rights A: interest Since the twenty Sixth day of 
March one thousand Six hundred Seaventy two may have 
repairati(»n in Law w'!' their Charges they have <k shall bee 
att in any (Jourt or Courts in o' Said i^rovince that are or 
shall be constituted & Coramissionated by Speciall Com'is- 
sion from our (Toverno'' according to a Declaration by our 
Governol" ^ Councill bearing Date the third day of Aprill 
one thousand six hundred Seaventy two — . 

4 ffowEKTHi.v ; That all Grants of Land, Conveyances, 
Sui'veys or any other pretences for the hold of J^and what- 
soever w"' in or Said Province that are not Derived from 
Vq according to the prescriptions in o' Concessions & 
entred vpon Record in our Secretaries office in our Said 
l*rovince. Wee Declare to bee Null vt void in Law. — 

5 tfiKTH'-.^ That if any person refuse or omitt to pay 
or Deliver his Rent due to us <t arrear since the twenty 
tifth Day of March one thousand six hundred & Seaventy 
to the Constable of the respective town or Jurisdiction 
where the Land foi- w'.'' the Said Rent is Due Doth Lye at 
Such tyme & place as the Said Constable shall ap'oint or 



1674] SIR GEO. CARTERET^S INSTRUCTIONS. 171 

if any pson shall refuse or omitt to pay or Deliver his Rent 
w".*' hereafter shall become Due to vs at Such tynie as the 
Same shall become Due & at Such place as the Constable 
of Such towne or Jurisdiction shall ap'oint, that then it 
shall vfe may bee Lawfull for the Said Constable or his 
Successors to Distrayne the goods tt' Chattells of such pson 
Soe refuseing or omitting & to Sell the Same, rendering 
the overplus besides the rent ai'rear of the Costs S: Cliarges 
of Distrayning tu the party ; And Wee Direct that the 
Constable shall pay the Rent hee shall receive or raise to 
our Receiver Generall, And Although our Concessions Say 
it shall be payd in currant or lawfull nionney of England 
yet at the request of our Cloverno'' & Councill Wee will 
accept of it in Such M'chantable pay as the Countrey Doth 
p'duce at IVPchants price to the Value of Monney Sterling : 
And if by this meanes Wee cannot obtaine our Rent, then 
the Marshall of the Province shall be impowered as above 
said to collect & raise the Same at the Charg-e of Such the 
Inhabitants as Doe refuse or oraitt to pay at the tyme ife 
place as aforesaid — 

6 6'.** That all matters and causes w*'.'' have been tryed 
in our Province by Speciall Com'ission from our {Toverno"" 
vpon w'.'' Judgem!^ hath passed according to Law bee 
allowed by vs and bee forthwith put in Execution — As 
to the Inhabitants of Newsinks Considering theire faith- 
fullness to the Lords Propreitors, That vpon their Petition 
their townships shall bee Surveyed and shall be incorpo- 
rated & to have equall privilidges with othe Inhabitants of 
the Province, and that Such of them who were the pre- 
tended pattentees & layd out their monney in purchaseing 
Land from the Indians shall have in considVation thereof 
five hundred Acres of Land to each of them to be allotted 
by the Governo'' & Councill in Such places that it may not 
be preiuditiall to the rest of the Inhabitants ; And because 
there is much barren land, after Survey taken the Gover- 
nor and Councill may give them allowance — That the 
Governo' tt Councill shall allow Eighty acres p' head to 



172 NEW JKRSKV roI.oXIAr. I>t >(r.MKXI >. [16'«'"i 

Such ])Son.s as come to Settle iieer Dellaware liivei' or aiiv 
place above tenn iiiyles from tlie Sea ov from any other 
Kiver navigable w'-' boates : to those tliat come to Settle 
iieerer Sixty acres as before — That the (iovenio' A: C'oun- 
eill shall have power to Settle the tt'ees of Secretary, Siir. 
veyor!" (renerall Marshall cV all otiier oftieers of Court. — 
That \ p'oii oui' Govcriio'^^ ari'lvall tliei'e in our Said Prov- 
ince, Wee reijuire, that \v"' what s[)eed may bee, all lands 
not yet Sni-veyed by our Surveyo'' (Tenei-all, whether in 
townships or ])ri\at Plantations bee forthwith Surveye*! iV: 
Pattented, M'hereof 30U are to keej) an exact Ifecord cV: 
Send inee a Coj)pie of the whole attested vnder the (T(»ver- 
no" & tlie maior parte of the Councills liands, and for what 
land you shall (irant for the future, lett niee have a Coppy 
thereof once every year attested as aforesaid, — That the 
Land is to bee purchased from tyme to tyme as tliere shall 
bee occasion by the (ioverno'' Sz Couneill from the Indians 
in the name of the Loi-d Proprieto'' and then every indi- 
vidual! person is to i-eimbui'se the Lord Proprietor at the 
Same Rate as it was })urchased together w"' the charges — 
That Wee the Lord Proprieto'.' will build a Frisson ct a 
house for the Keejier at our own ])]ier C(.»st and Chai-ge, 
out of tlu- pduct of the (piitt Ki'iits wliere tlie (iovernor cV: 
Couneill shall thinke fitt; and wee will Si-nd over guns cV 
ammunition as a Maga/.in ; but all other charges are to bee 
Defrayed by the Countrey, and tliat all wi'itts Itei' issued 
in His Ma".'"* mune, exe])t the Sum'oning of Burgesses w'"'' 
is to bee in oiii- Name. That in Case of a])iK'ales for Eng- 
land the appfaiant bee bound to [»ay all cost ^.V charges if 
Cast, and vpon the a])V'ale shall pay as a fyne to the Judge 
twelve ])o>inds besides all c<»st ^V: Danrages adiudged 
against him in the Pi-ovince A: to give in SecuiMty ot a 
hundred pounds there for pseeuting the Same w'l' in Eight 
Months.- That all strays of beasts at Land A: wrecks att 
Sea belong to Vs the Lord Proprieto'.' and that all psons 
that shall Discover any Such tiling shall have Such Sattis- 
faction for their ])aynes A: care as the Governo'" and Coun- 



1(^74] siE GEO. CARTE rp:t's instkuctions. 178 

cill shall think iitt -That the arrears of the Quitt Rents of 
EHzabethtowne, Newarke, New IMscattaway & the two 
townes of Xewsinks & all other plantations that have not 
payd. since one thonsand six hundred & Seaventy bee paid 
to onr Receiuer (4ennerall at the Rate of a halfe pen'y a 
yeare for every acre besides the growing Rent till the 
arrears be Sattisfyed. — Whereas the Gen'erall Assembl}' 
hath hitherto made noe pvision for the Suport and niain- 
taynance of the Governo'' according to the Concessions, It 
is Required that y*^ Gen'erall Assembly at their first Sitting 
Doe take eifectnall course for the Sattislieing him for his 
arrears A: make pvision for Maintaynance & Suport for the 
future. — And whereas Wee liave Given ol" present Gover- 
nor Phillij) Carteret Es({'.' two thousand acres of land in o^ 
Said Province And because it is improper for him to Signe 
any Grant made to himselfe Wee Doe therefore order & 
Authorize o"" C-ouncillo''.^ or any hue or more of them to 
signe one or more Grant or Grants to the Said Phillip Car- 
teret of the Said Lands to bee (chosen & taken vpj)y him 
in Such one ox more place or places as he shall think titt, 
and that they Doe alsoe cause y^ Scale of y^ said Province 
to bee affixed to Such Grant or Grants w''.'^ being Done 
Wee doe heereby Declare shall bee as good cfe effectuall to 
all intents tfe purj^oses as if Wee o"" Selfe had Signed the 
Same or as if the Govern'' & Councill had Signed any 
Grant to any oth'.' pson — 



A Declaration of the true intent & meaneing of the 
Lord Proprietor and Explanation of the Concessions made 
by John Lord Berkley and My Selfe to the Adventurers 
& planters of ^ew Jersey. — 

That as to the Sixth Article ; That it shall bee in the 
power of the Governo'' & Councill to admitt of all psons to 
become tfreemen of the said Province w"'out the Gen'erall 
assembly, but noe pson or psons wdiatsoever shall be 
accounted a ftVeeholder of the said Province nor have any 
Vote in Ellecting nor be eapeable of being EUected for 



174 NEW JERSEY COLONIAL DOCrMENTf?. [Ifi74 

any office of trust either C'ivill or Millitarv untill hee Doth 
actually hokl hh or their lauds by Pattent from Vs y® Lord 
Proprieto'' aud that the (Trantiug 6c confiruiing of Corpora- 
tions shall bee in the power of the Governor <fe his Coun- 
cill. — As to the Eight Article, It shall bee in the power of 
the Governo'" it; Councill to approve Such Ministers and 
Preachers as shall bee nominated tfe C'hosen by the Severall 
Corporations w'I'out the Gen'erall Assembly aud to Estab- 
lish theire niaintaynance Giveiug liberty Besides to any 
pson or ])s()us to keepe ife maintayue what preachers or 

ministers they })lease Concern""' the (ten'erall 

Assembly, That it shall bee in the power of the Governo'' 
& his Councill to appoint the tyme i^-^ place of meeting of 
the Gen'erall Assembly aud to adiourue y Sum'ou them 
together again when ik where hee ami they shall See 
Cause. — To the third, That it is to bee vnderstood ; that it 
is in the power of the Governor & Councill to institute «fe 
apoint Courts in pticular Corporations already Settled w*.*" 
out the Geu'erall Assembly ; But for Courts of Sessions & 
Assize to bee Constituted ife Established by the Governor 
Councill & Ile])resentatives of the Province together ; and 
that all appeales shall be made from the Assizes to the 
Governo!^ and his Councill and thence to the Lord Pro- 
prietor from whom they may appeale to the King — To the 
nynth Article : That the Governor A: his Councill may 
I)is|>os(' of the allottments of Laud to each pticular pson 
\v"'()ut the (iennerall Assembly according to o!" Directions 

as hee iV they shall thiuke fitt. Concerninc; the 

GovKKNo^ As to the Seeoud iSc third Articles; All otheers 
Civill and Millitary (exept befour e.\ei>ted) bee Nominated 
and apointcd by the (Toveruo!" aud (^o\iucill w'^out the 
Gen'erall Assembly vuless hee the Said (ioverno^ A: Coun- 
cill shall see occassiou for their advice A: assistance. — As 
to y" fcnvertli Article. Li Case of fforraiguc Invasion or 
intestine Muteuy or Kebellion, it shall bee lawful! for the 
(Governor tV: his Councill to call in to their ayde any pson 
what Soever, whether ffreeholders or not — That in y^ 



1^74] SIR GEO. Carteret's instructions. 175 

Sixth Article Concerning the Regular laying out of Lands, 
Rules for building each street in townships & quantities 
of ground for each house lott, the Same is left to the ffree- 
holders or first Vndertakers tiiereof as they can agree w'.** 
the Governo'' S: Councill, & not to the Gen'erall Assembly, 
but to bee layd out by the Surveyo"" Gen'erall. — That 
all Warrants for Land not exeeding the pportions in the 
Concessions being only Signed by y^ Governo*^ and Secre- 
tary shall bee effectuall in case his Councill or any part of 
them bee not present — Wee the Lord Proprietor Doe 
intend Thatt in all Assemblies, The Governo"" and his 
Councill are to Sitt by themselves, and the Deputies or 
Representatiues by themselves, and whatsoever they Doe 
ppose ; to bee presented to the Governor & his Councill, 
and vpon their confirmation to pass for an Act or Law, and 
to Remaine in force when Confirmed by Vs — And Lastly ; 
Wee doe heerby Grant, Order 6z Direct, That the Conces- 
sions made Signed & Sealed by the Lord John Berkley and 
My Selfe beareing Date the tenth Day of ifebruary one 
thousand Six hundred Sixty fower, shall still Continue and 
stand in force & bee kept, mayntained & pformed in all 
& every the parts A: Articles thereof vnto the Said Prov- 
ince, Exept Such of them, and in Such manner as the Same 
or any parte thereof are altered or Explayned in or by these 
p'"sents, or in, or by any former Orders & Instructions Sent 
to the Governor or Deputy Governor & Councill there 
vnder the hands of the Said Lord Berkley & My Selfe, or 
vnder my owne hand alone ; Given vnder my hand and the 
Seale of the Province att Whitehall this one & thirtieth 
Day of July in y^ yeare of our ]^ord one thousand Six hun- 
dred Seaventy fower And in the Six & twentieth yeare of 
the Reign of or Soveraigne Lord Charles the Second ; of 
England, Scotland, ffrance & Ireland King, Defender of the 
faith &c — ■ 



[seal.] 



i^so^^m^ 



176 NEW JERSEY COLONIAL DOCUMENTS. [^P'<^4 



Prof-lfuitai'tov of the Governor fineJ Conneil, Convening a 
General Court, M<irrh [)th, 1675. 

I From "East Jersey Kct-ords," Book III.. ]>. lflP.| 

Order for a Generall Court to be lielde tlie 1* ^[arch 
Wf several! other orders. 

Prdvinc K f>i- New Jkksev 

V>Y TIIK CtoVKKNoCK, AM) CoiNCELL 

Whereas the hite past Distractiuii of Times occasioned 
first by y^ Mutiny of severall Malecontent lnhal)bit'? and 
then by the Arrival of tlie Dutcli forces in our Neighbour 
Collon3% giveing opportunity to tliose Seditious Spirritts to 
cover theire former guilt with the Mantle of Treason, & 
leading in an Innoxation of Autliority liopeiug to slirowd 
tliemsolves from tlioliand of Justice l)y inviteing an Enemy 
to protect them ; ]>y w'"' iiieaiies the whole tVanic ot our 
Govcrment hath beeue disjointed, and ublidged our Lo^. 
l^ropf at his great Kxpcnce to olttaiue New Orders from 
liis Maj^''' our (iracious Soveraigui- ».\: his lloyall Higliness 
for Reestahlishing tlie Govcrment liere and liaveing his 
order tliereunto sent over his ]Maj".''*' Letter, l^attents, and 
Commands, not only to his Subjects in genei'all but like- 
wise to tlie Govei-nour 6c Couneell in i)ticular to Con forme 
to A: performe the Orders and Instructions of our said 
Prop"" Wiiereby wee finde oursellves not oblidged to coun- 
tenance the Comissionating any pson or persons to any 
Otlice Millitary or (^ivill who luive not pattented theire 
lands <S:c nor to yeihl the ]u-ivilledge of a Cor]>oration 
to any othei- waies (juallified tlien the s;iid Orders of our 
said Projtrietour doth allow Yet finding a Necessity of 
preserveing the ])eace of tlie CVdlony ct support*-' the good 
subjects thereof, as well in theire Estates as persons. It is 
lierebv ordered bv the Authoritv aforesaid That a ii:enerall 



1674] PROCLAMATION CONVENING COURT. 177 

Court be holden at j® place commonly called Elisabeth- 
towne, the same to beginn the second tuesdaj in March 
next being the nineth day of the aaid moneth to aadite and 
determine all matters whatsoever within the power of a 
Court of Oyer and Terminer. 

That the Gentlemen of the Councell being the present 
Magistracy of the province approved by our Soveraigne 
Lord the King his R: H: and our Lord Proprietour, be in 
theire respective places of aboad ordered and appointed to 
grant out Warr*? as well for the said Court as to supress 
any disturbance 6z to p'"serve the peace of the Collony. 

And fur the assistance of the said Magistrate It is hereby 
ordered by the Authority aforesaid that for the Inhab- 
bit*.^ in the place called Newark Mr Thomas Johnson be 
appointed and sworne by Cap: W™ Sandford as Constable 
wath the formall oath of Allegiance, and the oath proper to 
that office. 

That Mr John Woodroff in like manner be sworne Con- 
stable for the Lihabbitants of the place called Elisabeth 
towne. 

For the Corporation of Woodbridge John Blumfeld to 
be sworne as aforesaid by Cap" Bollen Secy: or Cap" Pike — 

For the Inhabbit^f of the place called New Piscattaway 
Francis Drake in like manner to be sworne by CapPj'ike 
or Cap" Bollen 

For the Inhabb'.* of the place called Midleton Richard 
Hows to be in like manner sworne by Cap" Pike or Cap" 
Bollen 

For the Inhabb*." of the place called Shrewsbury Peter 
Parker to be sworne as abovesaid 

For the Inhabb';* of the Corporation of Bergiii Hans 
Dedrick to be in like manner sworne by Cap" Berry, the 
same to be in every pticuler place performed by the severall 
Magistrates w''' all possible speed — 

For the necessary Reimburseing such persons as have 
beene at Charge for supi)ort,ing and preserveing the Lord 
Prop? Interest in this province It is Ordered by the 



178 NEW JERSEY COLONIAL DOrUMENTS. [1674- 

Antlioi-ity aforesaid tliat M"" Saimu'll Monre as Provost 
Marsliall of tliis proviiu'e doe forthwith demand iVr receive 
the Moneys formerly amerced at the last Court held at 
Bergen the"26'.'^ day of .lunc l'')"-'^). as allso others upon the 
like Crime coivicted at a preceedini; Court held at Elisa- 
beth towne the S'" of March l^Tl, 

And upon refusal of payni! to seize and arrest the bodies 
of the said Offeruler. and them secure in the connnon (4oale 
appointed for this Province untill the sunie be Sattisfied 
and payd without Baile or Mainjirize — 

And all Constales of every respective ]iart of this Prov- 
ince are hereby required to assist the said IMarshall in 
prosecution of this Order and to Command such other 
Assistance as the necessity of tlie affairs may require, and 
all Tiduibbit**' of this Province are hereby re(|uired to yield 
Obedieucee thei'eunto. 

And for the speedier accomplishing the J.ord Prop7 
orders in settling the Govcrni! of tiiis province as well 
Millitary as Civill and for rendring tlie Inhabbit'.'' qualli- 
fied as well for a Generall Assend»ly as Elective for other 
Offices It is hereby ordered by tlie Authority aforesaid that 
the Surveyor Gen" or his substitute shal attend i^- remaine 
at Newark from the l)eginning to the end of IVfarch ensue- 
ing for running out and surveying Land there, in order to 
pattenting tlie same — 

At Elizabeth towne aforesaitl hee the said Surveyor 
Gen" or his substitute is to attend as aforesaid from the 
first day of Ai)rill untill the ]."•"' day of May following. 

At Xew Piscattaway in like manner from the l.")"' day 
of May untill the 1.")'.'' day of -lune following — • 

At Nevesinks from the 1.")"' day ctf .lune untill the end 
of August following viz for ye two towiies there 

And all the fore mentioned ])laces. intended Townshii)ps 
or Coi)orations are hereby recpiired according to the severall 
appointed times to have in readiness such attendance as is 
requissitt tVu' the said Surveyo':" use, daily to be nuiintained 



1675] INDIAN AFFAIRS. 179 

by the respective places in that employment untill the 
work be finnished. — 

But if doth hereafter appeare that the Remisness of them 
Inhabbitants have occasioned the failure in the Surveys or 
that immediately thereupon the severall Lands be not Pat- 
tented, then the Governr and Councell doe by these Ord" 
conclude themsellves wliolly acquitted from the Malicious 
censure of Riggour for prosecuting the Lord Prop" Com- 
mands in dispossessing those that shall be therein Neglectvil, 
the same haveing beene for severall yeares past persuaded, 
and the Work now as much as may be facilitated, 

Dated at Eliz** towne the ll'** Decemb'" 1674. 



Sir Josejjh Werden, Secretary to the Duke of York, f/) 
Gorernor Andros. 

fFrom "New York Colonial Documents, " Vol. III., p. 229.1 

S^ James's Feby y« 13''^ 167^ 
l^Extract.'] P. S. I had allmost forgott to tell you y* we 
have as yet done nothing towards y® adjusting Sir George 
Carterett's pretentious in New Jersey, where I presume 
you will take care to keep all things in y* same posture (as 
to y*^ Dukes prerogatives & proffitts) as they were in your 
predecessors time uutill you shall hear of some alterac'ons 
agreed to here. 



From Governor Andros tx) Captain CantiDell, Regarding 
Indian Affairs. 

[From " New York Colonial Documents," Vol. XII., p. 518.] 

Capt. Cantwell New York March 27. 1675 

Yo^ of the 20^^ I received yesterday, to which I gave you 
an answer the same Houre, by Capt. Krigiers Sloope, then 
ready to saile ; This is by yo"" owme expresse, that 1 have 
inquired into the businesse of After Cull, and cannot iind 
that there is any more in it, than an Indyan drinking him- 



180 KEW JERSEY COLONIAL DOCUMENTS. [1675 

selfe dead, at a House near Raritans Kiver tliere being 
tiiree more with liim, very rude, which frightened very the 
woman, lier children and a man (her husband l>eing absent 
at Woodbridge) nor did tliey know of the said Indyans 
death who was (as I am told) found dead in the woods ; so 
I doubt this is rather a pretence than a real cause of their 
keeking ofi" and refusing to comply with our just demands 
concerning the murder of Doctor Khodes and his man. 
You have done \ory well to give notice all over the River 
to bee upon their guard ; Rut that you will do well to pro- 
ceed no further against them (if it may be avoided) untill 
come, M'hen (I hope) we may accommodate all or take such 
effectuall courses, as shall be adviseable and fit to bring 
them to reason. You do not say any thing of an Indyan, 
who I heare had lately his ribs broke by an Inhabitant in 
the River, of w*'' liee dyed ; Which if so may be a great 
cause of their present actings. Rut if the Magistrates have 
done their parts, in examining and doing justice therein, 
as the ciise might retpiire, there can be nu more expected, 
otherwise if any such thing hath happened, and the prose- 
cucon neglected, bee sure it be done affectually without 
delay though not demanded by the Indyans, or though 
they should have com})lyed before this comes to you. I 
thought to have begun my Journey to you by this time, 
but my not being very well, the spring very backward, the 
Kings ships not yet gone, I did think to ]>ut off my jour- 
ney, till the latter end of the month or the beginning of 
May, but now as I shall hcai-e from you, shall hastjtMi it 
accordingly, and do designe bringing with nu-. about forty 
or fifty men. and to go by the u})per M'ay to the falls I hope 
you ha\e prohii)itcd all manner of distilling corne, as well 
as its transportacon, if not, I pray that it be done pres- 
ently. I am Yo' very Loving friend 

T^) Capt. Edmum) Cantwkli, 
Schout of New Castle in 
Delaware 




16?5] INDIAN AFFAIRS. ISl 



From Governor Aiulron to Captain Cantwell on Lulimi 

Afa!r.^. 

[From ''New York Colonial Docuiuents," Vol. XII., p. 519.] 

S" 1 have this at'teniooiie rec*^ yo'' Li-e of the 19"' by 
Walker and sent by your c'.\i)rt'sse ; In wliieh you give me 
an Account of the Murder of two Christians about the 8^f' 
of this instant, about Milstone Iliver and that it should be 
done by the brother of him that lately dyed at After-Cull ; 
1 think it something- strantre that at the writino^ yo'' former 
Letters of the 14'*' and IG"', which I received by M"" 
( >sborne,- neither you nor the said Osborne in his Journey 
should have heard nothing of it ; This is to lett you know 
that the 20'^'* inst. three of the Nevisans Sachemakas, were 
here with me, and about thirty of their people with them, 
and did not onely conclude a peace with them, but they 
did also engage, neither to harbor or have any thing to do 
with any of the Indyans, that should happen to be oui- 
enemyes and particularly those beyond them. Xow upon 
the receipt of this last Lre of y'■^ I have advised with my 
council and sent to Governor Carteret to desire him to send 
by expresse to the Indyans to know the truth of the mur- 
thei-, and if so, by whom, the manner and cause, without 
declaring any further intent, and give mee a present 
answer. As also that lie will give order for horses for our 
joui-ney to Delaware, to be ready at furtherest the last 
instant about w'^*' time I thinke of setting out from here, 
though I had not intended till the 4'** of the next and shall 
(as afore) come by tlie way of the falls, where you may 
meet mee on Tuesday the 4*'', or if yo" shall be there sooner 
and thinke good, may come on towards or to Milstone 
River, as you proposed ; In the meantime I think there 
needs no further order, but y* you looke to yo'selves and 
give no just otfense, or cause of suspicon to the Indyans ; 
But as to James Sandyland (if you are not sure of his being 



182 NEW JERSEY COt.OXIAI, DOCIMENTS. [167.") 

criminally liiiilty) you oiii^lit to have had a Court, that ho 
iiiiglit have had a Legall Tryall, aiul S(j eitlier be justly 
detained, punislit or releast. Therefore if you liave time, 
let it be (h)ne l)efore 3'ou ooine. ha\in<^ had no other mean- 
ing, nor (I think) given any othei- direeeons in my former 
letter. As to liis being out upon Bayle (if lie be not erim- 
inall), it cannot be denyed him. Pray let there be as little 
noise or talke of tlie Indyan concernes in yo' ]tarty as mav 
be. 1 am yo"" Loving friend 

April 23'' 1C75 E. Andros 



Conference Between Governor Andros, tJu Magistrates at 
Newcastle^ Del., and the Indian /Sachems .of New 
Jersey — Henewal of the Treaty of Peace — S. Edsfdl, 
J. Helme and Lance Cock, Israel Ilelme, Intei'2)reter. 

[From "New York Colouial Documents," Vol. XII., p. 523.] 

At Newcastle May la'" 1675 

Vpon an Appearance of tlie Indyans before the Go: A: the 
New May-istrates, in the afternoone. Thev were those who 
came in morne, with M' S. Edsall, Isr. Helme, and Lanse 
Cock. The names of the Chiefs were Renowewan of Saw- 
kin on the Eastern side, Ipan Kickan of Rancokeskill, 
Kit-marius of Soupnapka, Maiiickty of Rancokeskill here- 
tofore all of N. Jersy side. The Governo"' declares his 
desire to continue in friendship with them & his readiness 
to protect them, & thanks them for their coming down. 

They by Israel Helme the Interpreter e.xpresse tlieii- 
readiness to continue in good friendshij), ^V return their 
thanks to the Gov. 

They are told that it is not, that the (iovern'' wants their 
help — if the othei- Indyans will bee bad, he can deale well 
unougli with them, but now is wishing to be kind to those 
that will live (juietly and well. 

They believe so they say. 

They are told they must not kick the beasts or swine 



ir;7r»] INDIAN AFFAIRS. 183 

belonging to the Christians cV the Cliristians shall not doe 
them any injury, but justice shall be done as they might 
see to-day in the case of Jam** Sandvlands. 

The first sachem rises np S: walks up & down taking- 
notice of his old Acquaintance P. Eambo & Peter Cock, 
Lansa Cock with C. Cantwell then taking a l»and of 
sewant, hee measured it from liis neck to the length down- 
ward & said his heart should bee so long & so great to the 
Gov. & the Christians c't should never foi'get the Gov. so 
presents the belt of wampum, throwing it at the Gov. feet 

The next rises up & professing much friendship & thanks 
to the Gov. for his kind ex])i"essions p''sents another belt of 
wampum. 

The.Gov. tells them the two belts sliall 1)e kept as bands 
of friendship between them. 

The belts of sewant were written upon, to be kept in 
token of a continuance of Peace. 

The first belt was 15, t'other 12 wamj^um liigh. 

The Gov. presents them with 4 Coates & 4 lappeloathes 

They return thanks and fall a kintacoying with expres- 
sions of thanks, singing Jcenon, kenoii. 



Affidavit as to the N aiiiher of FainiUes, in New Jersey mi 
the Arrival of Governor Carter et. 

[From '■ New York and New Jersey Boundary Papers,' Vol. I., in New York Hia- 
torical Society Library.] 

Affidavit of Silvester Salisbury. 

Silvester Salisbfry of New Yorke Gent, maketh oatli 
that in or about the yeare 1665 ; he being then at New 
Yorke, there arrived Philip Carteret Esq*" at New Jersey 
in America in a Ship called tlie Philip w*"** s*^ ship was 100 
tuns & had then aboard her about 80 servants cV: severall 
goods of great value, proper for the lirst planting &: setling 
of the Colony of New Jersey & this deponent sayeth that 



184 NEW JERSEY COLONtAL IM3CUMENT8. [1075 

at the time of j* arrival of the s** ship there were about 
four families in Xew Jersey (except some few at New 
Sinks that went under the nomen of Quakers) and that 
y^ s** Philip Carteret after his arrivall tliere huided y* %^ 
servants and goods & apj)lied hiinselfe to y*^ planting and 
peopling of y^ s** Colony & that he sent diverse persona 
into New England & other places to publisli y* Conces- 
sions of y* L'*" Propriet''* and to invite people to come & 
settle there, whereupon tS: within a years time, or there- 
abouts severall p'"sons did come w"' their families and set- 
tled there in severall townes ; And this Deponent sayth 
that he believes there would few or none have come thither 
if the e,^ Philip Carteret had not setled himselfe as afores** 
ife brought such goodes cV: sent such Messengers as afores". 
And this Deponent sayeth that y* s'' ship remained there 
about six months, & then went to Virginia, England S: 
other places & about a yeare or more after returned to 
New Jersey where she remained for severall months ; And 
this Deponent sayth that the s*^ Philip Carteret at his 
arrival did declare & owne that the s*^ ship servants & 
goods did belong to the IV Ilon*''^ S"" George Carteret & 
were sent by him for the beginning and encouragem' of 
the peopling and planting of the s** country ; And fartlier 
sayeth that the s'* S"" George Carteret did send severall 
other Vessels thither particularly a Ketch whereof Peter 
Bennet was master Anno 1673 laden w^^M'inesand severall 
other English goods Sii.vestke Salisbury 

Jurad 4" die ifeb' 1675 coram 
me en Cancellar Magester 

Jo: CoTT 



[An affidavit follows, by Peter Smith, " Gent of New 
York," similar in all respects to the foregoing ; and a third 
one, from " Edward Sackville of AVestminster Gent," also 
similar down to the words " several months," and then pro- 
ceeds as follows : " And further sayeth that to his certaine 
knowledge the s*^ Philip Carteret did pay unto the Indians 



1075] 



ARRIVAL OF JOHN FENWICKE. 18^ 



in goods to a considerable value that they might enjoy 
their land quietly otherwise they could not have inhabited 
the same. Edw. Sack\tlle 

" Jur 24° die ffebry 1675 
cora : M'gro en Can, 

W** Beversham " 

[Indorsed on the back.] 

" A Writing of great concernment"] ^ 



Note of the A/'i'ival of John Fenwivke '-* and FarivU/y in 
West Jersey^ in June, 1675. 

I From Book No. 4 of Salem Deeds.] 

The Ship called the Griffin arrived in Delaware River 
in which s^ Ship came these Persons hereafter named, 

1 See " Proceedings New Jersey Historical Society," Vol. I., 2d Series, p. 162. Eu. 

2 John Ffawkke, of Byufleld, Berkshire, England, was a student at law at Gray's 
Inn, Middlesex County, in 1640. He was commissioned a major in Cromwell's army in 
1648, and appears to have exercised considerable influence in promoting Cromwell's 
interests. It is presumed that he had some supervision of the execution of Charles 1., 
as he had a commission empowering him to be present thereat with a squadron of cav- 
alry. In 1649, from a certrflcate in the possession of the New Jersey Historical Society, 
it appears that he belonged to the Independent Congregation, of which John Goodwin 
was the pastor, but subsequently withdrew from them, and embraced the forms, disci- 
pline and creed of the Friends. It is thought that, as one of that body, he had been 
subjected to sufficient persecution to induce him to look to America as a secure retreat, 
leading him, in conjunction with Edward Byllynoe, also a Quaker, to purchase Lord 
Berkeley's interest in New Jersey. The deed therefor was dated March 18th, 1673-4. 
It conveyed the half of the province to John Fenwicke, in trust for Edward Byllynge 
and his assigns, and on the 6th of August, 1680, the transfer was confirmed by the 
Duke of York. Byllynge, who was styled " Gentleman of Westminster, Middlesex, 
England," becoming much embarrassed, nine-tenths of this interest was assigned to 
trustees for the benefit of his creditors, and his relations with Fenwicke were far from 
friendly, although William Penn and other distinguished Quakers sought to arrange 
their difficulties. It is presumed that he came to New Jersey in 1683, as in that year ' 
he had some land allotted to him in Burlington for his own residence. He was one of 
the twenty-four Proprietors to whom East Jersey was confirmed by the Duke of Vork. 
in March, 16^3 ; but parted with his interest therein soon after to Daniel Coxe, of West 
Jersey. He died in 1687. Fenwicke arrived in West Jersey, as stated in the text, in 
1675. His wife, Mary Burdett, (thought to have been his second one, and not the mother 
of his daughters, who was Elizabeth, daughter of Sir Walter Covert), did not accoui. 
pany him. He was subjected to much annoyance from the Dutch authorities and from 
Governor Andros, of New York, as the documents in this volume plainly show. He 
died some time between August, 1683, and April, 1684, ha%-ing previously parted with 
all his landed estate in the province. See Johnson's Memoir in " Proceedings of 
Historical Society," Vol. II., p. 53; Johnson's "Salem:'' Smith's "New Jersey;" 
Mulford's "New Jersey: ' "East Jersey under the Proprietary Governments,' 2d 
Edition. Ed. 



ISO NEW JRRSKY COLONIAL DOCUMENTS. fl07.'> 

being the first English Sliij) that was buuud to this part of 
the Province, Viz' Jn" flFenwick Es(j. of the County of 
Berks, late Propreitor of Salt^'in Tenth in the I'rovince of 
New West Jersey dee*!^ witli him 3 Daughters, Elisabeth 
Anna ct Prisoilla ; Also Jn" Adams Husband of the s'^ 
Kli/.abeth of Reading in the County of Pierks Weaver, it 8 
Children, Elizabeth aged 11 years, ffenwick aged nine 
years, A: Mary Adams aged 4 years. Edward Chamneys 
Husband to the said Precilla, of Thornbury in the County 
of (Tloucester Joiner ik 2 Children, John Aged about . . 
years, it Mary . . years Old, with Id Servants viz' 
Rob^ Turner, Gervis Bywater, AVilliam Wilkinson, Joseph 
Worth, Michael Eaton, Elinoi- Geere, Sarah Hutchings, 
Ruth Geere, Zachariah Geere, Ann J^arsons. — Servants to 
the s*^ Edw^ Chamneys viz' Mark Reeve, Edward Webb & 
Elisabeth AVaites. 



C'oiuirt'I Mhiute — Major Fenv^'icl-e Before the Council, in 
Regard to his Claims o)i Delaware. 

[From "New York Colonial Documeuts, " Vol. XII., p. 545. J 

At a Councill May 3^ 1H76 
Present : The Governor 

Capt Brockholes 
Oapt. Dyre The Secretary 

Govern^ Carteret 
Majo"" Fenwyck 
Major John Fenwyck businesse about the land in New 
Jersey on the east side of Delaware River was discourst of, 
butt susi)endod 

Pret<iidnu'nt of Si nil ltd Leete Aya'mst John Fenw'icke. 

jFroin N. Y. Col. MSS., iu Secretary of State's Office. Albany, Vol. XXV., p. '242.) 

Samuell Leete, who aswell (&c) presentate John Ffenwick 



1 This record, certified by " Rob't Burchan pro. Secret'y." is without date, and does 
not irive the dat«' uf the original entry, which must have been after Feuwicke's death 
The names of the pcr.sou.s do not correspond with those given by Smith in his 'His- 
tory of New Jersey, p. "9. El>. 



1CT6] PROCEEDINGS. AGAINST FENWICKE. 18T 

late of Byniields in the county of Berks Eng' in the king- 
dom of England for yt he the said John ffenwicke the 
tenth day of August 10 TO and divers times before and since 
w'''^out any Right or Tytle w"' ft'orce and Amies Ryotously 
and Routously w*** ffenwicke Adams & Richard Handcocke 
and severall other persons hath possessed himselfe of a 
large tract or paroll of Land Lying and being w"'in the 
bounds and Lymmitts of his Royall Highness, James Duke 
of Yorke his Pattent from his Maj"® that now is for cer- 
taine Lands in America and assuminge ujjon himselfe to be 
Lord Chiefe Proprief (&c) of the same hath Granted to 
sevrall Persons great tracts of Land and taken sevrall 
sumes of monies for the same and disturbed sevrall of his 
Maj"f^ Subjects not only in the Possession of their Estates 
but Ryotously and Routously with fforce and amies jiulled 
down and destroyed some building and Dwelling & making 
void their Estates of Inhabitants in their peacable and 
quiet Possession in their Messuages Landes and Tenem"^* 
And Other damage to them hath done to the hindrance of 
the publique peace and in contempt of the Lawes and 
Lib"?^ of his Maj"?^ subjects. All w'^'* Acting are Contrary 
to the peace of our Souverayne Lord the King therefore 
prays that this Co* will p'ceede against him the said John 
according as the Lawe directs in such Cases (&cj 



The Governor's Special Warrant Against Major John 
Fenwicke, of Delaware. 

[From " New York Colonial Docunients,' Vol. XII.. p 559.1 

By the Govekjs'ok 

Whereas 1 am credibly informed, That Major John 
Fenwicke, now living at the East side of Delaware River 
doth pretend and give himselfe out to bee Proprietor of 
that side of the River and hath presumed to act accord- 
ingly, graunted Land extravagantly, dispossessed persons 
in those parts, sold their land, arrogating to himselfe a 



188 NKW JERSKY COLONIAL DOCUMENTS. [lfi7<> 

Power of Judicature, and liath given out Lycences for 
distilling contriiry tu the order settled in the River ; By 
M'hich means hee hath' inveigled some persons from other 
parts, and distracts the mindes of the Inhabitants, tliorow 
out the whole River and Bay, not having any Lawfnll 
Power or Authority. Yuu are therefore without delay, 
to repaire over the River, to the said Major Fen wick, and 
all other places on tliat side, to informe yourself of the 
truth of the above Particulars, and to forewarn any such 
of the danger and premuniry they incurre ; And if the 
said Major FenM'icke hath acted as alleged, That \*)\\ sum- 
mon him in his Ma"** luime to appeare without delay, to 
answer the same before mee and my Councill in this place, 
in default at his utmost perill ; and yo"" selfe to make a due 
retnrne of this Warrant; and in case of any o})]>osicon by 
doing yo"" duty, by going from place to place, on the said 
Aecompt, All his Ma"^" subjects are required to be Aiding 
and Assistinu- to vou : for which this shall bee to vou and 
every of them, a sutficient warrant : 

Given under my hand and seale in New Yorke, this 25''' 
dav of Se])t. Anno 1()7*5 E. Andkos 

To Capt. Edmom) Can twkll, Shei-ifl" of Delawai'e. 



Pfoveediiiyn of the Goferniiunt of New York i/t lieUtti&ti 
to the Settlement uml Juri.'«H<'tloii o/' Mujor John 
Fenii'U'he in \Ve,st Jerney^ l)i'ceinhei' iiit/i, 10 To, tu 

Ortoher, 1(?7H. 

ICopied tor the New Jersey Historical StM-lety from the UecorUn at Newcastle, 
Del., by Col. Robert (i. JuLusou. ol'Saleuj.J 

At a ('(•unci! held in New York December ii'.'' 1675 
The letter from Cai)taiM EdiiKHid Cantwell being taken 
into cctusideration concerning the arrival of Mr Fenwicke 
and others at Delaware with their appertenances. . . 

Resolved, that Mr Fenwicke having no order (which if 
he had, ought to have been brought tirst and recorded here) 



16T6] PROCEEDINGS AGAINST FENWICKE, 189 

is not to be received as owner or Proprietor of any land 
whatsoever in Delaware, but to be used civilly, paying all 
duties as others his Majesty's subjects in those parts, and if 
he or any of the persons that come with him desire land to 
the Westward that there be assigned them fitting propor- 
tions as to others, and due return made of the surveys. 

As to any privilege or freedom of custom or trading on 
the East shore, none to be allowed in any Case to the 
smallest vessel, boat or person. 



His Honor Gov? Edm? Andros's letter to the Commander 
and Justices of New Castle, in answer to their letter 
sent the 8*.^ of November 1676 

Gentlemen 

I have received your letters of the 8^'' by the express 
sent hither, with several other ]iapers and writings relating 
unto Major Joiin Fenwicke's actings on the East side of 
Delaware river by his granting Patents for land and refus- 
ing to obey my special warrant ik. as also touching your 
more particular affairs ; whereupon having taken advice of 
my Councel I have thought fit (it importing his Majesty's 
service, and the good and quiet of those parts and Inhab- 
itants,) That Major John Fenwicke be sent hither with the 
first convenience ; and if there be occasion that the Com- 
mander and you the Magistrates do use force for seizing 
upon and sending him. — And there being no lawful 
authority for his giving forth Patents for land, those sent 
hither are not to be returned back for the present, but the 
persons who have paid their monies for them may have 
their remedy at law against the persons that gave them 
before he departe out of custody. 

As for Jean Paul Jacquett who has been dispossessed ot 
some land on the East side of Delaware river of which he 
was in possession at the last coming in of the English 
government, he is to be repossed and you are to take order 



TOO NEW JERSEY COLONIAL DOCUMENTS. [167^ 

about it, and (if occasion) the Commander is to assist 
therein. 

To tlie Coinniandei' and the (oui-t of .Xcw Castle in 
Delaware. 



At a Meeting of the Commander and .lu.^tices lield in 
tlic town of New Castle on Friday tlie s"' day of Decem- 
ber lOTH 

Captain .lolm Colier Commander 

M^ John Moll 1 

IV'P William Tom j , . 

nrr I- /^ 1 . Justices 

M' lopi)e Outhout j 

Mr Jean Paul Jaccjuett J 

Captain John Colier by his s])eech declared to the court, 
that in pursuant of his Jionor the (Tovernor's orders to him, 
he had on the fourth past sent a friendly and civil letter 
with the under sheriff to JSrajor John Fenwicke, shewing 
that he had received orders from his said honor and desired 
liim to come to New Castle upon which the said Fenwicke 
sent a letter in answer refusing to come tV: ife — as i)y the said 
letter produced in Coui't more plainly did a j)pcar further 
declaring that he the said ('aptaiii Colier had been in his 
own ])erson on the seventh part with the said Fenwicke 
at his house — where conlini,^ iu»iu^ of his company were 
suffered to come in the Ikuisc but himself as when he 
delivered to the said Fenwicke in substance as followeth — 
Speech 

'J'hat he the said (^olier had not (piestioned—according 
to his letter sent the fourth past — but that he would have 
wune over with the undersheriff, or at leastwise have sent 
a more satisfactory answer, but since he the said Fenwicke 
still stood out by which he had given him the trouble to 
come over in person, did therefore give him to understand 
that it was his honor the (lov"!** order t(» have him the said 
Fenwicke to c(une and a])i)ear before him and Council at 
New \ovk — wliicli long bef(»re lie had understood by his 
said lionoi"'s special warj-ant sent to him. and therefore desired 



1676] PEOCEEDINGS AGAINST FENWICKE. 191 

him now in all civility without further trouble to obej the 
said orders — there being now a fit opportunity for his going. 

Major Fenwicke's answer — 

Upon which Major Fenwicke replied — 

That he did not know that the Governor of York had 
any thing to do with him, and that he would obey nothing 
but what shall come from his Majesty the King or his 
Highness the Duke of York, and was resolved not to leave 
his house without he was carried away either dead or alive, 
and if any one dare come to take him, it was at their peril, 
and he would do their business : — and after the said Cap- 
tain Colier went out, suffered him not to come in asrain, 
but keeping his door double bolted, spoke to him out of a 
small scuttle hole at the end of the house. Captain Colier 
declaring further to the Court, that, he seeing that the said 
Major Fenvicke was and continued so refractory and 
stood upon his defence, and further considering that the 
magistrates by his Honors order w^ere equally in the busi- 
ness concerned with him, thought best to take their advice 
before he would proceed to rigour which was now the 
occasion of calling the Court Arc tfec . . . 

The Court having considered and maturely deliberated 
upon the orders from his Honor the Governor, to them 
and also the orders from his honor the Gov!" to Captain 
John Colier in particular, no judge it necessary since the 
said Fenvicke in contempt to his Honors orders stands out 
upon his Peril, That foi'ce be used, and he the said Fen- 
wicke taken and sent to "^'ork to his Plonor with the first 
sloop, for the doing whereof they are willing to give forth 
their warrant, Szc. 



At a Meeting of the (-omnuinder and Justices for the 
apprehending of Major P^'enwicke. By the Connnander 
and Court at New CVistle. In Delaware. 

These are in his majesty's name to impower and appoint 
you Lieutenant Johannes De-Haes, M^ Michill Baron and 



192 NEW JERSEY COLONIAL DOCUMENTS. [1676 

M' CTCor^e Moore iindorslieiiflF of this place to levy twelve 
fioldiers out of any of the Militia of this Kiver, and with 
them to repair to the house of Major John Fenwicke to 
bring by force before us to this town of Xew Castle upon 
Delaware, giving and hereby granting unto you and every 
of yon full power and authority to pull down break, burn, 
or destroy the said house for the apprehending of him the 
said F'envicke — And further to act and ' use all or any 
forceable act or acts as the expediency of the time shall 
offer to your Judgement withall giving and hereby grant- 
ing to you and every of you and every respective soldier 
under you, full power in case of resistance or presenting 
any gun or guns to your detriment to tire upon him the 
said Fenvicke or any others so presenting or intending to 
shoot and if in the case he the said Fenvicke or any other 
resisting shall happen to be killed, you and every of you 
shall be liereby absolutely and freely discharged and held 
innocent, as being done in i)ursuant of the Dukes Lieuten- 
ant's order and of us by his honor's order recommended. 

Given under our hands at New Castle in Delaware this 
8^'' day of December 1676 — Signed 

joun coliek 
John Moll 
William Tom 

FoPPE OUTHOUT 

Jean Paul Jacquett 



At a private Court held in the town of New Castle 
May O^l' 1678 

M^ J<.hn Moll "1 

M"" Fopi)e Outhout ' 

M^ Jean Paul Jacquett [ •^"•'^tices 

M' (icrrett Otto | 

The Justices ujion occasion of Major Fenwicke's making 
of some new alterations on the East side of the River and 
other concerns, did this dav meet in tlie P\»rt, in order of 



167S] PROCEEDINaS AfiAINST FENWIf'KK. 193 

writing to New York according- to his lionor, tlie (tov'I** last 
sent orders in his letter. 

Captain p]dninnd Cantwell declai-es that he living- in 
New Salem (alias Swamptown) the -W^' day of April 1678 
where Major John Fenwicke had ordered a meeting of the 
Inhabitants of the East side of this Riv^er — he the said 
Fenvicke did then appoint some othcers viz Samuel Hedge 
Surveyor General, James Nevill to be secretary, Samiu'l 
Winder Register — and declared he would nominate afltf 
appoint other officers at his leisure, and caused his said 
secretary to read several papers as his Majesty's Patent to 
his Roj'al Highness and his Royal Highness to the Lord 
Berkely, and a copj^ as he said of the Lord Berkely as to 
him the said Fenvicke with several other papers which the 
attestant did not mind — and after the reading of all these 
papers he the said Fenwicke demanded in his Majesty's 
name the superiority and the submission of the people here 
as his right and propriety — After his demand he brouglit 
a paper upon the table in the form of an Oath or some 
such thing, which several of liis people or officers signed — 
After they had done, I told him that the most part of the 
people that was there did not know what was read — He 
answered me tliat they could know well enough to take his 
land. I also told him that there was a small Levy laid by 
the Collector upon the people on that side— He said the 
Collector had no power to lay no Levy on that side, and 
said whosoever did pay any Levy should forfeit their lands 
and privileges — I asked him if he would bear them out and 
see them harmless — he said he would give under his hand 
to answer it before the King, and said that the people should 
stand on their own defence if any body came to demand 
it — And also did forbid M'. Foppe Cuthout not to act any 
thing in the behalf of the Court of New Castle upon the 
forfeiture of his estate — I told him that his Honor the Gov. 
had commissionated him the said Mr Outhout, and was still 
pleased for to continue him He said the Gov. had nothing 
to do on that side and that he was subject to no man bu 



194 NKW .IKRSKY COLoXIAI. 1)( »Cl'MKN'T.>. [1C78 

God and tlie KiniJ^ — lie also said that he would do or act 
nothing without the advice of his Council which he would 
nominate very suddenly, with several more speeches which 
the attendant doth not now remember. . . 

Justice Foppe Outhout declares to ha\e been present 
with Captain Cantwell and to have heard in substance the 
same that is hereabove declared by the said Captain Cant- 
well. M"" Maehiel Baron and Renier Vanlieist sworn in 
Court — declare in substance to have heard and seen the 
same as herebefore by Captain Cantwell is declared — 

Johannes Van Jimmen sworn in Court declares that 
being present at the house of one Gillis Giljansen at the 
East side of this i-iver, some time in the last of the mouth 
of April last past — at which time Major John Fenvicke 
came there, who demanded why the deponent and the rest 
that were there did not come at New Salem (as others didj 
to acknowledge him, meaning himself to be L(;rd and Pro- 
prietor of the place — I'pon which they answered him 
saying, how they could own him so long as they paid Levy, 
to wit 12 guilders lU stivers per head at New Castle Court. 
Whereupon he the said Fenwicke replied saying, that all 
those who paid the sanie should never enjoy a foot of laud 
on the Easteren shore and furthei- saith nut— 

Right Honb" Govkknok 

Sir, we hope before sight hereof, yuur honor will be safe 
retuj-ned, which happy news we do much long for. The 
inclosed Testimony, and informations given us concerning 
the new alterations made by Major John Fenvicke since 
hie last return from N. York on the East side of this river 
are the chief occasions of this account writing, which said 
Testimonies we hope your honor will be pleased to pursue 
and to give us your speedy order what and how we shall 
act in and about the same. We likewise send your honor 
here inclosed the Copies of our former and last order con- 
cerning the estate of one Francis Barints deceased, there 
being several persons who are debted to the said estate in 



167S] PROCEEDINGS AGAINST FENWTOKE. 19.J 

this river whereof Captain (Jan t well has received one cow 
and twenty skipple of wheat, for which he is ready to be 
accountable to your honor — And Captain CoJier a screw 
gun and Captain Billop now securing the same persons 
de novo, who formerly have paid, and we being uncertain 
whether the brother of the deceased (who was expected) be 
dead or alive we therefore desire your honor's oi'der how 
safely to act further therein. Finally, since your honor's 
departure, there have happened several complaints of the 
country concerning several strange actions of your Com- 
mander Captain Billop, which hath occasioned some dis- 
putes and differences between us and your said Commander 
— we knowing it to be our duty not to suffer the poor 
Commonalty to be oppressed, which all to relate would be 
too long ^ — AVherefore we shall refer that until we are 
certain of your honor's arrival as when we are intended to 
depute one of our Bench to treat with your honor about 
that and other material concerns — So having no more at 
present to enlarge, we remain Right Honb^.^ Gov^ 

Your hon? most humble subjects & servants 
Jean Paul Jacquett, 
John Moll, John Mooke 

Gerritt Otto, Fopp Outhout 

New Castle May 9"' 1678 

The Superscription was. 
To the Right Honb'*^ Mayor Edmund Andros Esq? Gover 
nor General under his Royal Highness James Duke of 
York & Albany, of all his territories in America, or in 
his absence to the Honb"' Captain Matthias Nichols 
Secreatary and the rest of the Honb'?" Councel at New 
York— These— 

1 This "Capt. (Christophei) Billop,' ("sou ol Christopher Billop Gent of Loudon,') 
was commissioned as Lieuteuaut of the New York troops in 1674. Either for the 
misconduct mentioned iu the text, or something similar, he was subsequently super- 
seded. It is presumed that it was his son— a Captain Christopher Billop, of the 
British Navy — who obtained a patent for a thousand or fifteen hundred acres on the. 
southern shore of Stateu Island, and whose daughter married Christopher Farmai' — 
better known during the Revolution as Colonel Billop — who took his wife's name on 
inheriting the estate. ' Contributions to the Early History of Perth Amboy.'' ED. 



lOG NEW JERSEY rOLOXTAL DOCrMENTS. [1078 

I'liE J.ETTEK fi-diu tlie lioiil)'"' Coniic'il at N. York in 
answer to the letter of tliis Court sent the HV'' of May 
hist past. 

Gentlemen, "^'ours of 9'!' Instant arrived tlie beginning 
of tlie week wliich not liaving liad the liappiness to find the 
Governor returned was conminnieated to the Council npon 
consideration of the new alteration made by Majoi- John 
Fenwicke on the East side of the river — perusal oi' the 
testini(»nies and informations given concerning the same. 
They have thought good to nuike the inclosed order which 
they desire you will do your part to see it put in execution 
(if occasion) but with as little mit^chief as may be. Captain 
Billop is written too likewise concerning the same. 

The matter of Frans Barentzen was not well represented 
by Captain Billop to Captain Brockhols, who sup])osing the 
accident of his death was very lately, and it being likewise 
intimated that he liaving no heir, the estate he left did 
belong to the Duke as an escheat, he gave order to Captain 
Billo]) to secui'e M'hat he had, and give account of the same, 
but u]>on further infornuition that the said Frans Barentsen 
died several years ago, and that the Court hath formerly 
taken (H)giiizance of the said estate, and the GoNeriior 
having likewise been made acquainted therewith, they do 
not think tit that Ca[)tain BiHoj) should any fui'thci* con- 
cei-n himself therein, but that you prosecute what you had 
.begun and give account thereof to the Govei-nor. If the 
deceased had a brother (as suggested) he can have no pre- 
tence aftei' the disposal of it ; otherwise a year and six 
weeks being past and no claim made which is the time 
limited by law. 

There hath been an address from ( 'aptain Cantwell in 
the name of his son, resigning all the right, title and 
interes*^ his son might have to the estate of AVilliam Tom 
deceased by virtue of his will, and desiring it may be sold 
at a public vendue for the payment of his just debts — But 
tlio' he may have preference before the rest of the credit- 
ors next to Captain Delaware who hath judgement and 



1678] PROCEEDINGS AGAINST FENWICKE. 197 

execution against the said estate, the Council do think it 
reasonable that the said estate belonging to MT Tom be 
sold for the payment of his debts, but are not willing to 
alter the course of the law which gives directions how 
debts should be paid — That is, Statutes and Judgements 
first — then bonds and specialties — after that book debts 
and other claims. If any thing after that shall be left the 
son of Captain Cantwell may have it. The sooner M^ 
Thorn's estate be sold the better, after some weeks notice 
for the complaint made by the commonalty against the 
commander Captain Billop — we are not willing to inter- 
middle therein the rather for that you signify your resolu- 
tion to send some of your Bench to the Governor after his 
arrival to treat with him about that and other material 
concerns. This having as near as may be answered the 
particulars of your letter. I take leave and I'emain 
Gentlemen 

your most humble servant 

By order of the Council 

Matthias Nkholls 

The superscription was to the Justices of the Court of 
New C^astle— These 

Here followeth the order of (*ouncil sent inclosed in the 
abovesaid letter from New York. At a Councel held in 
New York May 22^! 1678 

Upon the receipt of letters from the Magistrates of the 
town of New Castle in Delaware about the alteration begun 
to be made by Major John Fenvicke on the East side of 
the River where contrary to his engagement and parole he 
hath acted by assuming a pretended power to himself. 
The same being taken into consideration to prevent any 
mischief that may happen upon that account. It is ordered, 
that a messenger be forthwith sent express to the Com- 
mander and Justices of New Castle in Delaware who are 
to give notice to the said Major Fenwicke, that according 



198 NEW JERSEY COLONIAL DOCUMENTS. [1678 

to his parole he forbear the assuming any power of govern- 
ment tft himself on the East side of Delaware river or any 
where else in those parts unless he can produce ^lore 
authentic power out of England so to do than he hath yet 
done, which ought first to be made known to the Governor 
in this place — and in case of refusal the said Commander 
and Justices are hereby required to order him to come to 
New York within the space of days to make 

answer to what shall be alledged against him on that 
behalf and for breach of his parole which if he deny to do, 
that then the said Commander and Magistrates, together 
with the sheriff do use force to seize his persf>n and send 
him hither without delay. 

By order of the Council 

(Signed) Matthias Nicholls 

In pursuant to the aforestanding order of the ( ouncil, 
the following letter was sent to Major John Fenwicke. 

Major Fenwicke. 

We have by an express from New Yt>rk received order 
from the Ilonb'.*" Council to give you notice that according 
to your parole, you forbear the assuming any power of 
government to yourself on the East side of Delaware river 
on any where else in those paits unless you can produce 
more authentic power out of England, so to do than you 
have yet done, which if so you ought then first to have 
made it known to the (lovernor in New York u}H)n which 
we expect your })resent answer with this messenger, 
remaining Sir your affected friends 

(Signed) CuKisTornKK .Bn,Lor 

John Moll 

PlETER AlRICUS 

New Castle -luiie :r! 1678 

P. S. AVe desire you not to fail in sending your answer 
bv reason we are to disj^atch the exjiress back to New 



1678] PROCEEDINGS AGAINST FENWICKE. 199 

York by tomorrow at Night — Tlie inclnse we received 
under coverts by the express Yale 

Tlie superscription was *' To Major John Fenvicke at 
New Salem 

The Copy of Major Fenwick's letter sent back by Thomas 
Woollerton iindersheriff — 

My friends and neighbours, 

In answer to yours of this date concerning an express 
therein mentioned from the Council of New York to 
whom my reply is this — That the cause of my long impris- 
onment which is not unknown to them was because I 
would never be persuaded to give security, either to be of 
good behaviour nor to forbear acting in that public capacity 
in which I am authorised by virtue of the Kings letters 
Patent — the Dukes grant to John Lord Berkely and Sir 
George Carteret, and the Lord Berkeley's deed to me 
wliich were all produced before the Governor and his 
Council by the Commissioners that arrived at York the 
last of August ; whereupon I had my liberty to come home 
without any obligation, and to return the B'^? day of Octo- 
ber following which accordingly 1 did to the hazarding of 
my life which is well known. And the Governor then 
told me he wondered I did come again and gave order I 
might return hither again about my lawful occasions — - 

It is well known likewise that I was made and detained 
prisoner to the Collector of assizes and by their favour and 
yours I cannot look upon myself to be obliged by my 
parole to appear with an order from the Court of Assize, 
the sheriff liberally importing the same and their order of 
Court being relaxed as to live hundred pound bond to be 
of good behaviour and not to act and my parole no ways 
engaging me thereunto, I am left at my liberty to act or 
not to act upon the Lord Berkeley's interest — and further 
that if I shall be found to be a transgressor against the 
King of England and his laws in the pursuance of the 



200 NKW .IKR6KY COLONIAL DOCl'MENTS. [1678 

• 

peace and ijood settlement of my Colony acconiinii; to his 
Majesty's formerly declared will and pleasures it will be 
time enough for me to suffer when I shall be by liis 
Majesty's order reipiired to answer for myself before him, 
to whom I am bound to give an account of what Judge- 
ment or sentences I give concerning the government of 
this colony within this province ; and therefore I desire 
both the Council and you seriously to weigh the premises, 
and be assured of this I shall not be found backward to do 
my duty to the Kings majesty and every of his subjects 
both in time and place when thereunto legally required, 
and accordingly in the interim. 1 desire to enjoy what is 
my just and undoubted right — the peace of Grod and his 
majesty the King of England — and do in his name implore 
both their and your assistance therein until I shall be 
legally convicted of being a notorious offender of which I 
am in the least guilty thereof — and so T can in very niuch 
peace and confidence subscribe myself 

His Majesty, loyal subject — the Council and 

your peaceable neighbour and hearty friend 

N. Salem 3** of J. Fenwioke 

the 4'." 1678 
m. 

A letter sent Ity the express back to New \ ork directed 
to the honb'.*" Council — 

Honor"^* Sirs, 

Your letter by the express of the !?•>'" of IVfay last past, we 
received the 2*^ Instant, together with the inclosed order — 
pursuant to which, we the day following sent a messenger 
over to ^lajor ,1. Fenwicke with a letter whereof the copy 
is liere inclosed, by which messenger he likeM'ise in answer 
returned this his inclosed letter which we humbly refer to 
your honors consideration and that your honors may not be 
ignorant, the said Fenwicke doth proceed and assumes full 
j>ower to himself sending on Saturday last his special war- 
rant with 6 or S persons prest, to ap[)rehend one John 
Eldridge tVc — and doth by his several evidential expres- 



1678] PKOCKEDINOS AGAINST FENWIOKE. 201 

«ions declare that he will stand out, and that no man shall 
take him alive — no — not if the Governor came himself. 
What your honors do further resolve about him if in case 
directed to us, we desire that it may be absolute and suffi- 
<iient, — for it is of opinion that he will hardly be taken 
without bloodshed or mischief. As to Mr Tom deceased, 
we are sensible that there was an execution against his 
body, but not against the estate — Yet in case your honors 
do think it fit that the whole estate real and personal be 
sold — we then desire a more positive and absolute order for 
so doing, and it shall be readily by us performed. The 
inclosed for the Whore Kill, we have sent with the first 
■opportunity that presented — -which is all at present from 
Honr^!'- Sirs— 

Your honors most humble Servants 

(Signed) John Moll 

John Moore 
Peter Alrichs 
Kew Castle Jean Paul Jacqueti" 

Jun 5^^ 1678 ' Gerrett Otto 

The superscription was '• For the honb'" Captain Matthias 
Nicholls and the rest of the honb'.^ Council In New 
York— These— . 

The Court adjourned their ordinary sitting again until 
the first Tuesday of the month of October next unless 
urgent or multiplicity of business should require their 
sitting sooner. 

At a meeting of the Commander and Justices held in the 
town of Kew Castle July 17*'' 1678 

Captain Hopher Billop Commander 
M-: John Moll 1 

Mr Peter Alrichs I 



M"" Fopp Outhout [ 

Mr Jean Paul Jacquett I 
Mr Gerritt Otto j 

Captain Edm** Cantwell High Sheriff 



ijOii NEW JERSEY COLONIAL DOi'l'MENTS. [1G78 

Tlie following letter from the Iloiib'* Council was tlii^ 
day read — viz — 

Gentlemen. 

Yours 1»y the 5V'' by the return of the express sent to 
you by the Council arrived here the beginning of the week 
— but your answer gives very little satisfactory to any pai*- 
tieular they write about as to the order concerning Major 
Fenwicke ; The Council then did think and upon serious 
perusal of the same, again do find that it was absolute and 
full — it expressing that in case of liis refusal to act in 
assuming a power of government to himself, ordering to 
come to 2sew York according to his ])arole upon your sum- 
mons, that then the Commander and you the ^Magistrate.* 
were to use force to secure his ])erson and send him hither — 
so you needed not any new result to be directed to your- 
selves alone (it being thought Ht to direct it to the Com- 
mander also) more absolute than the former whicli the 
Council think sufficient, so shall not alter anything therein 
but leave you to answer your neglect to the Governor, who 
is dailey expected, and all prejudice or mischief that may 
happen thereby to lie at your doors — they having done 
their duty — 

The aforesaid letter from the llonb'.*^ Council read and 
the business of Major Fenwicke taken into Consideration 
by the Commander and Justices of this Court, and Ca})tain 
P>illoi) sij^nifviny; that his last livino; over at Salem the last 
week that there Major Fenwicke was willing to answer the 
Honbl* Council's order at New Y''ork, and that he will 
surrender himself at New York according to his parole — 
7k*<s()hv(/ and onhi-rd by the Commander jointly with the 
Court that Major Fenwicke in case he will give under his 
hand by a letter to the Council that he will not act by 
assuming any power of Government to himself on that 
side of the river or anywhere else, and that he within the 
space of seventy days promises to make his personal appear- 
ance at N. York according to his parole, that then he be 



1678] PROCEEDINGS AGAINST FENWICKE. 203 

left thei'e, but in case of refusal and that he doth not send 
a satisfactory answer, that then the Commander together 
with the High Sheriff press and take with them so many 
of the militia as they think tit and with them seize the said 
Fenwicke's person and send him to N. York without delay 
according to the order of the Honbl^ Council. 

Followeth the letter sent to Major Fenwicke 
Major Fenwicke. 

Sir, Captain Billop signifying to us that you have altered 
your former resolution and that now you are willing to 
answer the order from the Honb'.^ Council of New York 
and that you will go and there surrender yourself according 
to your parole. Now therefore, if you will forbear the 
assuming any power of (Tovernment to yourself and within 
the space of 20 days will appear at New York and there 
surrender yourself according to your parole then signifying 
so much in a letter under your hand to the Honb'.*' Council 
in New York and send the same letter open to us under a 
Covert by this bearer, that so we may be positive of your 
resolution — 

remaining Sir your affectionate friends — 

(Signed) Christopher Billop 

John Moll 
Peter Alrichs 
P'oop Outhout 
New Castle Jean Paul Jacql'Ett 

IT'?' July 1676 Gerritt Otto 

The Superscription was to 
Major John Fenwicke at New Saleu) These 

Honor"^*^ Sirs, 

Your letter of 21*" June last we received in answer to 
which we reply, that the occasion of our writing alone the 
5^^ of the same month in whicli to our sorrow your Honors 
reply to receive so little satisfaction, was not that we 
desired to be only concerned without the Commander who 
nuich takes the part of and is a great friend to Major Fen- 



204 NEW JERSEY COLONIAL DOCUMENTS. [1678 

wicke. but that which was writ tlieii concerning Major 
F'enwicke we had out of the month of the said Commander, 
and his not signing of the said letter was by reason the 
other particulars therein mentioned concerned him not. 
By the enclosed copies your honors will see what result 
hath been taken by the Commander and us since the 
receipt of your letter, and since the Commander and High 
Sheriff have fetched the said Fenwicke to this town ; and 
altho' it was supposed to be a more secure and better way 
to send him by water in this sloop, yet the Commander 
thinks it best to send him by land which he likewise hath 
oV)ligeth to do. 

Your Hon" most huiii]»k' Subjects and sservants 

The Court of New ('astle, by order of the same — 

New Castle 24 Julv 1678 Eimi» Herman » 



M' Machiell Barron for liimself and in behalf of the 
other old Inhabitants of the Easteren shore, this day 
brought and produced in Court — a warrant from the right 
Honb"" (xovernor Sir Edmond Andros directed to this 
Court — the warrant being here f(»llowing recorded 

Bv THE (tOVEKNoK 

Yic — Whereas I have received several petitions and 
complaints from divers of the inhabitants of the East side 
of Delaware river, that have been disturbed in the lawful 
possession of their lands and tenements there by Major 
John Fenwicke and others. These are to desire and 
authorize you the Justices of the Court at New Castle to 
take care that the said inhabitants be not disturbed in 
their possession upon any i)retence whatsoever by the said 
Major Fenwicke or others, and if occasion, to make me 
forthwith ac(piainted with the same. 

(-liven under my hand in >.\'w "iOrk tliis 2S'.'' of October 
1678 (was subscribed I E. Andros 

To the Justices of the ( 'oui-t at New Castle. 



1 Son of Augnstine Hemian, whose Dame is asHOciated with the first Uidian ^rant 
for a larjje portion of East Jersey. " Pennnylvaiiia Magazine of History and Biog- 
inphv," Vol. TV. p. 101; "New York Genealogical and Biographical Record," Vol. 
IX.,p. 5t?. Ed. 



1676] QUIXTIPARTITK DEEP. 205 



Quint'ipartite Deed, Between Sir George Carteret, William 
Fenn, Nicholas Lucas, Gairen Lavrrie and Edward 
Byllynge, Dividing the Province of Nev) Jersey into 
East and West Jersey.^ 

[From an Original in the New Jersey Historical Society Library.] 

%W SttdfUtUre Quintipartite made the First daj of 
July Anno Doin 1676 And in the eight and twentieth 
yeare of the Reigne of our Soveraigne Lord King Charles 
the second over England &c'' ^tc* Betweene S"" George 
Carterett of Saltrum in the County of Devon Knight and 
Barronett and one of his Majesties most Honorable Privy 
Councell of the first part William Penn of Riekmans- 
worth in the County of Hertford Esq of the second part 
Gawen Lawry . of London Merchant of the third part 
I^icholas Lucas of Hertford in the County of Hertford 
Maulster of the fourth part and Edward Billinge of West, 
minster in the County of Middlesex Gent' of the fifth part 
A\ hereas our said Soveraigne Lord the Kings Majesty In 
and by his letters Patent under the Great seale of England 
beareinge date the twelfth day of March in the sixteenth 
yeare of his said Majesties Reigne for the Considerations 
therein mentioned Did o-ive and grant unto his dearest 
Brother James Duke of Yorke his heires and Assignes All 
that part of the niayne Land of Kew England beginning at 
a certaine place called or knowne by the name of S*^ Croix 
next adjoyning to new Scotland in America and from 
thence extending along the Sea Coast to a certaine place 
called Pemaquie or Pemaquid And soe upp the River to 
the farthest head of the same as it tendeth Northwards And 
extending from thence to the River of Kimbequin And 
soe upwards to the River Cannada Northwards And also 
all that Island or Islands commonly called by the severall 

1 Difteriug from the boundaries specified in the conveyance of the Duke of York to 
Sir George Carteret, January 28-29 1674. Ed. 



20r» NF.W JKRSKV f'OI.oN'lAI. DO( I'MKXTS. [lf»76 

Name or Xnines of ^Fatowacks or Lon^ Tsland scituate aii<l 
Itec'ing towards the West of Cape Codd And the narrow 
Higansetts abutting upon the mayne land betweene the 
two Rivers there commonly called or known by the several 
names of Connecticute and lludsoiis River together also 
M'ith the said River called Hudsons River And all the 
Land from the West syde of Connectecute River to the 
East syde of DelaWare Bay And also all those severall 
Islands called or knowne by the names of ^Martins \'ineyard 
or Nantucks otherwyse Nantukett Together with all the 
Lands Islands Soyles Rivers Harbours ^fines ^fineralls 
Qnaryes Woods ^Marshes AVaters Lakes Fishings Hawke- 
ings Hunteing and Fowleing And all other Royaltyes 
pnjffitts commodityes and hereditaments to the said sev- 
erall Islands Lands and premisses belonging and appertein- 
ing with their and every their appurtenances And all his 
said Majestyes Estate Right Title and Interest Benefitt 
advantage Clay me and demand of in or to the said Lands 
and premises or any part thereof And the Revertion and 
Revertions Remaynder and Remay'ders together with the 
vearely and other Rents Revenues and profitts of all and 
singular the said ])remisses and every part and parcell 
thereof To Have and to Hold unto his said Majestyes said 
Deare Brother the said James Duke of yorke his heires 
and Assignes for ever to be holden of the Kings Majesty 
his heires and Successors as of his Majestyes Mannor of 
East (xreenwyeh in his Majestyes County of Kent in Free 
and Common Soccage and not in Capite or by Knights 
Service undei- the yearely Rent of foui'ty Beavour Skynns 
to 1>e paid unto his said Majesty his heires and Successors 
when they shall be demanded or within Ninety dayes after 
As by the said letters Patent relation beeing thereto had it 
nuiy appeare In and by which said letters Patent His said 
Majesty did lykewyse drive and Grant unttj his said Dearest 
Brother the said James Duke of yorke his heires deputyes 
Agents Commissioners and Assignes full and absolute 
power and Authority for the correcting punishing pardone- 



1676] QUINTIPARTITE DEED. 207 

ing Governeing and Ruleing such of the subjects of his 
said Majesty and of his heires and Successors as shall at 
any tyme adventure themselves into any the said parts ui- 
places or inhabite there according to such Lawes orders 
ordinances directions and instructions As by his said Majes- 
tyes said Dearest Brother or his Assignes shall be estab- 
lished And in defect thereof in Cases of necessity accord- 
ing to the Good Discretions of his Deputyes Commis- 
sioners officers or Assignes respectively aswell in all Causes 
and Matters eapitall and criminall as civill both Marine 
and others in such manner and under such restrictions as is 
therein specifyed And to Doe exercise and execute all and 
every other the Powers and Authorityes therein mentioned 
as by the same letters Patent and the severall Powers and 
Authorities thereby given and granted and therein specified 
it doth and may appeare And Whereas in and by two 
severall Indentures the one beeing and Indenture of Bar- 
gaine and Sale for the Terme one whole yeare and beareing 
Date the three and twentieth day of June Anno Dom^ one 
thousand six hundred sixty and foui' And the other beeing 
an Indenture of Grant Release or Confirmation and beare- 
ing date the four and twentieth day of the same month of 
June Anno Dora'' one thousand six hundred sixty and four 
And both of them made Betweene his Majestyes said dearest 
Brother the said James Duke of Yorke By the name of his 
Royall Highness James Duke of Yorke and Albany Earle 
of Ulster Lord High Admirall of England and Ireland 
Constable of Dover Castle Lord Warden of the Cinque 
Ports and Governour of Portsmouth of the one part And 
John Lord Berkeley Baron of Stratton and one of his 
Majesty's most Honorable Privy Councell and the said S'' 
George Carterett of the other part And by other good and 
sufficient conveyances and assurances in the Law duly exe- 
cuted recyteing the said letters Patent herein before recyted 
And the severall and respective premisses thereby granted 
His said Royall Highness the said James Duke of Yorke 
for the considerations therein mentioned Did Grant convey 



20Ss XKW JEKSF.Y (oI.OXIAI. DO^^^[F.XTS. [1076 

and assure unto the said rlohii Lord Berkeley and S*" George 
C'arterett tlieir lieires and Assio;nes forever All tliat Traet 
of Land adjacent toXew England and lyeing and beeingto 
the westward of Long Island and Maidiitas Island (part of 
the said inaine land of Xew England beginning at S' Croix 
mentioned to be granted to his said Koyall Highness by the 
said therein and herein before recyted letters Patemt) 
bounded on the East ))art by the mayne sea and ])art by 
Iludsons Kiver And hath upon the West DelaWari* Bay or 
River And extendeth Soutward to the Mayne Ocean as farr 
as Ca])e May at the mouth of DelaWare Bay And to the 
Northwai'd as far as the Northermost P)ranch of the said 
Bay or River of DelaAVai'e which is in forty one Degrees 
and foi'ty minutes of Latitude Aiul crosseth over thence in 
a Straight Line to Iludsons River in forty one Degrees of 
Latitude which said Tract of Land was there after to be 
called by the name or names of New Caesaria or New Jer- 
sey And also all Rivers Mynes Mineralls Woods Fishing 
Hawkeings Hunteings and Fowleings And all other Royal- 
tyes prolitts Commodity es and Hereditaments whatsoever 
to the said Lands and ])remisses belonging or in an3' wyse 
apperteineing with their and every of their appurten- 
ances in as full and ample manner as the same was or were 
uranted to his said Royall Highness the said Duke of 
Vorke in and by the said therein and herein before recyted 
letters Patent And all the Estate Right Title Interest Ben- 
etitt advantage Clame and Demand of the said James 
Duke of Yorke of in or to the said Laiuls and premises or 
any part or parcell thereof And the Revertion and Rever- 
tions Reuuiynder and Remaynders thereof luHave and 
Tu Hold unto the said John Lord Berkley and 8'' George 
Carterett their heires and Assignes forever under the yearely 
Rent or summe of Twenty Nobles payal)le unto his said 
Royall Highness the said James Duke of Vorke in manner 
as the same is reserved therein to be paid As in and by the 
said last recyted Indentures and Conveyances Relation bee- 
ing thereto had it may appeare And AMiereas In and by 



1676] QUINTIPARTITE DEED. 209 

one certaiiie Indenture of Bargaine and Sale dated the 
eighteenth day of March Anno Dom one thousand six hun- 
dred seventy and three And in the six and twentieth yeare 
of his said now Majestj'es Reigne made betweene the said 
John Lord Berkeley of the one part And John Fenwick of 
Binfield in the County of Berks Esq"" of the other part 
And duley enrolled in his Majestyes high Court of Chan- 
eery in England reeyting the said herein before recyted 
letters Patent Indentures and Conveyances The said John 
Lord Berkeley for and in Consideration of the sumnie of 
one thousand pounds therein mentioned to have beene paid 
unto him by the said John Fenwyck and for other the con- 
siderations therein mentioned Did grant Bargaine sell and 
convey nnto the said John Fenwyck his heires and Assignes 
All That the moyety or halfe part of him the said Johii 
Lord Berkeley of and in the said Tract of Land and prem- 
ises soe to be or there called by the names of New Cae- 
saria or New Jersey and also all that his moyety or half part 
of all Rivers Riveletts Mynes Mineral Is Quarries Woods 
Fishings Hawkeings Ininteings Fowleings And all other 
Royaltyes Prolitts Forts Franchises Libertyes Governments 
Powers Priviledges commodityes Hereditaments and Im- 
munityes whatsoever to the said Lands and premisses be- 
longing with their and ever)' of their appurtenances in as 
full ample and beneficiall manner to all intents and pur- 
poses as the same was granted to the said John Lord Berk- 
eley and the said 8"" George Carterett theii- heires and 
Assignes by his said Royall Highness the said James Duke 
of Yorke And all the Estate Right Title Interest Benefitt 
Property Clayme and Demand whatsoever of him the said 
John Lord Berkeley of in or to the said Moj^ety or halfe part 
of the said Lands and premisses or any jjart or parcel 1 
thereof by force virtue or meanes of the said therein and 
herein before recyted letters Patent and conveyances or 
either or any of them or otherwyse howsoever And the 
Revertion and Revertions Remaynder and Remaynders 
of the same To Have and to Hold unto the said 



2in NEW JERREY COLONIAL DOCUMENTS. [1676 

John Fenwjck his heiies and Assignes forever to the 
only use and behoofe of tlie said John Fenwjck his 
heires and Assignes forever as hy tlie said la^st recyted 
Indentures of Bargainc and Sale relation being thereto 
had it may appeare Aud Whei'eas in and by two 
other Indentures Thh one being an Indenture of Bar- 
gaine and sale for the Teriiie of one whole yeare and bear- 
ing date the ninth day <»f February which was in the yeare 
of our J>ord (lod one thousand six hundred seaventy 
and four and made betweene the said -lohn Fenwyok and 
Edward Billinge of the one part And the said William 
Penn Gawen Lawry and Nicholas Lucas of the other part 
And the other being an Indenture Tri])artite of Grant 
Release or Contirniation beareing date the tenth day of the 
same Month of February Anno Dom* one thousand six 
hundred seaventy and four And made betweene the said 
John Fenwyck of the first part The said Edward Billinge 
of the second part And the said William Penn Gawen 
Lawry and Nicholas Lucas of the third part And by se\ erall 
other good and sufficient conveyances and assurances in the 
Law duely executed The said Moyety or halfe part of the 
said Tract of Land And the said moyety or halfe part of 
all and every other the said severall and respective prem- 
isses soe conveyed unto the said Jcthn Fenwyck as afore- 
said whith all and every the Kights Members and appur- 
tenances of the same were conveyed unto and remayne now 
vested in the said William Penn Gawen Lawry and Nicho- 
las Lucas and their* heires to the use of them and of their 
heires and Assignes forever (In which nevertheless the said 
Edward Billinge claymeth to have e(iuitable Interest) soe 
as the said William Penn Gawen Lawry and Nicholas 
Lucas doe now actually stand seized of and in one undivided 
moyety or lialfe part of all and every the said ])remisses 
soe granted unto the said John Lord Beikeley and S"" 
George (Jarterett as aforesaid as .K)ynteuants betweene 
tlicmselves and doe now hold the same to them and their 
lieires as Tennants in Common with the said 8"" Georg([i 



1676] QUINTIPARTITE DEED. 211 

Carterett who is now actiiallj seized of the other undivided 
moyetj or halfe part of all and every the same premisses 
and doth now hold the Same to him and his heires as Ten- 
ant in Common with the said William Penn Gowen Lawrj 
and Nicholas Lucas And Whereas They the said S"" (leorge 
Carterett William Penn Gawen Lawrey Nicholas Lucas and 
Edward Billinge have agreed to make a partition betweene 
them of the said Tract of Land and of the said severall and 
respective premisses whereof they now stand soe seized as 
Tenants in Common as aforesaid And it hath been agreed 
betweene them that the said S*" George Carterett shall have 
for his share and Part of the said Tract of Land and of the 
said severall and Respective premisses to be liolden by him 
the said S*" George Carterett his heires and Assigiies for- 
ever in Severallty as his full and e([uall part share and 
proportion Tract of Land and of all and every the said 
severall and respective premisses and to be from henceforth 
called knowne and distinguished by the name of East New 
Jersey All that Easternely Part share and Portion of the 
said Tract of Land and premisses lyeing on the East syde 
and Eastward of a straight and direct Lyne drawn through 
the said premisses from North to South for the divideing 
and makeing a partition or separation of the said Easternly 
part share and portion from the Westerly part share 
and portion of the same Tract of Land and premises 
as is herein after particularly described And that the 
said William Penn Gawen Lawry and Nicholas Lucas 
shall have their share and Part of the said Tract of Land 
and of the said severall and respective premisses to be 
holden by them the said William Penn Gawen Lawrey and 
Nicholas Lucas their heirs and Assignes in severallty as 
their full and equall part share and proportion of the said 
Tract of Land and of all and every the said severall and 
respective premisses subject to the same Trust for the bene- 
iitt of the said Edward Billinge as the said undivided 
moyety was subject And to from henceforth called knowne 
and distinguished by the name of West New Jersey All 



212 NEW JERSEY COLONIAL DOCUMENTS. [1676 

that We.sternly Part share and )>(>rtioii of tlie said Tract of 
Land and premisses lyeiii»; on the West syde and Westward 
of tlie aforesaid straiglit and direct Lyne drawne throiit^h 
the said preraissess from Xc)rth to South as aforesaid as is 
hereafter also perticularly desccrihed Now theis presehl^s 
VVitne.SS That in persuance and ])erformance of tlie said 
before reeyted Agreement And for the better perfecting of 
the said Partiti<)n soe agreed to be made as aforesaid And 
for and in consideration of live shillings to them the said 
William Penn (lawen Lawry Xicholas Lucas and Edward 
P>ininge in hand paid by the said S"" (4eorge Carterett the 
receipt whereof they doe hereby respectively acknowledge 
The said Edward Pillinge and they the said AVilliam Penn 
Gawen Lawry and JS^icholas Lucas by and with the consent 
direction and appointment of the said Edward Billinge 
testified by his beeing a Party hereunto and by his sealeing 
and executing of theis presents Hsive and each of them 
liatli bargained sold Peleased confirmed and conveyed And 
])oe and each of them d(»th J3argaine sell Release confirme 
and convey unto the said S"" (ieorge Carterett his hcires 
and Assiijnes fore\er All that Eastci'idv Part share and 
Portion vVnd all those Easternly Parts Shares and i*ortif)ns 
of the said Tract of Land and [)remisses soe granted and 
conveyed by his said Ilovall Iligness the said James Duke 
of Yorke unto the said John Lord Perkeley and S"" George 
Carterett as aforesaid extending Eastward and Northward 
alouir the Sea Coast and the said Kiver called Iludsous 
River from the east syde of a certaine Place or Harbour 
lyeing on the Southern part of the same Tract of Land and 
commonly called or knowne in a nuip|> of the said Tract of 
Land by the name of Little Egge Harbour to that part of 
the said Kiver called JIudsons Piver which is in forty 
one degrees of Latitude beeing the farther most part of the 
said Tract of Land and ])remisses which is bounded by the 
said River Aiul cntssing ovei- from thence in a Straight 
Lyne extending from that part of Iludsons River aforesaid 
to the Nothermost Bi-anch or ])art of the before mentioned 



1676] QUINTIPARTITE DERD. 213 

River called DelaWare River and to the most Notherly 
poynt or Boundnary of the said Tract of Land and prem- 
isses soe granted by liis said Royall Highness James Duke 
of Yorke nnto the Lord Bei-keley and S'' George Carterett 
Now by the consent and Agreement of the said partyes to 
theis presents called and agreed to be called the JN^orth 
Partition Poynt And from thence That is to say from the 
said North Partition poynt extending Southward by a' 
straight and direct Line drawne from the said Nortli Parti- 
tion Poynt Southward throngli the said Tract of Land nnto 
the most Southwardly poynt of the East syde of Little 
Egge Harbour aforesaid which said most Southwardly 
poynt of the East syde of Little Egge Harbour is now by 
the consent and Agreement of the said parties tQ theis 
presents called and agreed to be from henceforth called 
The Soutli Partition Poynt And which said Straight and 
direct Lyne drawn from the said North Partition Poynt 
throuo;li the said Tract of Land nnto the said South Parti- 
tion Point is now by the consent and agreement of the 
said partyes to their presents called and agreed to be 
called The Lyne of Partition M'hich is the Lyne herein 
before mentioned to be intended by the said consent and 
agreement of the said partyes to theis presents for the 
divideing and makeing a Partition or separation of the 
said Easternly Part sluire and Portion frfuii the Westernly 
Part Share and portion of the said Tract of Land and prem- 
isses soe conveyed by his said Royall Highness as afore- 
said in and by theis presents intended to be baigained sold 
and conveyed b.y the said S"" George Carterett nnto the said 
William Penn Gawen Lawry and Nicholas Lucas And All 
and ever}' the Lsles Islands Rivers Mynes Mineralls Woods 
Fishings Hawkeings Hunteings and Fowleings And all 
other Royaltyes Government Powers Forts Franchises 
Harbours Profitts Commodityes and hereditaments whatso- 
ever unto the said Easteridy Part Share and Portion of the 
said Tract of Land and pi'emisses belongeing or in anywyse 
apperteineing with theii- and every of their appurtenances 



214 NEW JERSEY COT.OXtAT- nooUMEXT?. flOTC 

And all the P^state Right Title Interest Benetitt Advantage 
Claviue and Di'iuand whatsoever asweil in Law as in 
eqnity of them tiie said Edward Billing^ William Penn 
Gawen J^awry and Nicholas Lncas and of each and every 
of them of in unto and out of the said Easternly Part Share 
and Portion Eastendy Parts Shares and Portions of the 
said Tract of Land and premises and of in unto and out of 
every part and parcell of the same And the Revertion and 
Revertions Remaynder and Remaynders oi the same and 
of every part and parcell of the same And all Rents Duties 
and Services reserved upon any estates or grants heretofore 
made or granted by the said Lord Berkeley and S"^ George 
Carterett or by any person claymeing any Estate Interest 
or Autliurity fi'om by or under them ov eithei- uf them of 
any part of the premisses hereby conveyed to the said S"" 
George Carterett which said Rents Dutyes and services 
reserved upon which said estates and grants made of any 
part of the premisses hereby conveyed to tlie said S"" George 
Carterett sliall be tVom henceforth due and payable unto 
the said S'' George Carterett and his lieires of whom all 
such Estates soe made and gi-anted as aforesaid are to be 
from lienceforth holden accordiii": to the true Intent of 
theis presents Which said easternly Part Slmre and Portion 
Parts Shares and Portions of the said Tract of Land and 
premisses is now by the consent and agreement of the said 
partyes to theis presents called and agreed from lienceforth 
to be called by the name of East New Jei-sey And is all 
that and 6nly all that Part share and Portion of the said 
Tract of Land and premisses so conveyed by liissaid Royall 
Highness as aforesaid as lyeth extended Eastward fi'om the 
East syde of the said Lyne of Pai'tition before mentioned 
To Have and To Hold unto the said S"" George Car- 
terett his heires and Assignes in severalty to the sole and 
only use of the said S"" George Carterett And of liis heires 
and Assignes forever And each of them the said William 
Penn Gawe.n Lawry Nicholas Lucas and Edward Billinge 
for himself severally and i-espectively and for his several! 



1676] QUTNTIPARTTTF. DEKD. 21o 

and respective lieii'es executors and Administrators and for 
his severall and respective owne Acts only And not joyntly 
nor the one for the other or for the heires Executors 
Administrators or Acts of tlie otlier Doth Covenant Grant 
and agree to and with the said S"" George Garterett his 
heires and Assignes l)y tlieis presents That he liath not at 
any tyme heretofore done or suffred any act matter or 
thing whatsoever whereby or by reason whereof The said 
premisses hereby Bargained sohi Released confirmed or 
conveyed by the said Edward Billinge William Penn 
Gawen LaNvry and Nicholas Lucas unto the said S"" George 
Carterett or herein or hereby meant mentioned or intended 
soe to be or an}' part or pai'cell of the same is are shall or 
may be any wayes charged burthened or incumbred in 
Title Charge estate or otherwyse howsoever other than 
such Arrears (if any be) which now at the day of the date 
of theis presents are due and unpaid upon any the reserva- 
tions conteyned in the said herein before recyted letters 
Patent and herein before recyted Conveyances herein 
before recyted to have beene made by his said Royall 
Highness the said Duke of Yorke or either or any of them 
And theis presents farther Witness That in farther pur- 
suance and performance of the said herein before recyted 
Agreement And for the farther perfecting of the said parti- 
tion soe agreed to be hade as aforesaid And for and in 
Consideration of five shillings to him the said S*" George 
Cartergtt in hand paid by the said William Penn Gawen 
L^wry and Nicholas Lucas the receipt whereof he doth 
doth hereby acknowledge He the said S"" George Carterett 
Hath Bargained sold Released confirmed and conveyed 
And doth hy theis presents Bargaine sell Release confiime 
and convey unto the said William Penn Gawen Lawry and 
Nicholas Lucas and to their heires and Assignes forever 
All that Westernly Part Share and Portion And all that 
and those other Part and Parts Share and Shares Portion 
and Portions of the said Tract of Land and premisses soe 
granted by his said Royall Highness the said James Duke 



216 NEW JERSEY COLONIAL DOCtMEN'TS. [1676 

of Yorke iiiito tlie said John Loi-d Berkeley and S'' (reorge 
Cai-terett as aforesaid And whioli said VVesternly part 
Share and Portion and wliioli said other parts shares and 
Portion is and are extending Southward and Westward 
and Northward along the sea Coast and the before nien- 
'tiolied Bay and liivcr commonly called or known by the 
name <»r names of DelaWare Bay and DelaWare River 

■ from the said South Partition poynt before mentioned to 

■ be on the East side of Little Egge Harbour unto the said 
'North Partition poynt herein betV)re intMitioiied to be on 
'■■•'fhe before mentioned Nothermost Branch oi' l^art (»f Dela- 
*-Ware River aforesaid And from thence that is to say from 
'■•"the said North pai-lition Poynt extending Southward unto 
" the said South Partition Poynt before mentioned By the 
'' said l)efore mentioned straight and direct Eyne called the 
' " Lyne of J^artition drawn througii the said Tract of Land 
'' from the said North Partition Poynt unto the said South 

* Partition Poynt by the consent and agreement before 
^'mentioned intended for the divideingand makeing a parti- 
' • ' tion <J1' sejKiration of the said Westernly part share and 

• portion from the })efore mentioned Easternly Part Share 
and P(»i-ti(»n of the said Tract of Land and premisses soe 
conveyed by his said lioyall lliglmess as aforesaid And 

■'■•herein before bargained sold and conveyed by the said 
•' William Penn Gawen Lawry Nicholas Lucas and Edward 
liilliMge unto the said S"" (jre(»rge Carterett as aforesaid And 
' all and everi-y the Isles Islands Rivers Mynes Myneralls 
Woods Fishings hawkeings Ilunteings and Fowleings'And 
all other Royaltyes (ictverments Powei's Forts Franchises 
llarbonrs Profitts Commodityes and Hereditaments what- 
soever unto the said Westernly part share and Portion of 
the said Ti'act of Land and premisses hereby bargained by 
the said S"" (reorge Carterett belonging or any ways apper- 
teining with their and everey of their ai)purtenances And 
all the Estate Right Title interest Heiietitt advantage 
Clame and demand whatsoever as well in Law as in Ecjuity 
of him the said S"" George Carterett of in unto and out of 



16T6] QUINTIPARTITE DEED. 2lT 

the same and of in unto and out out of every part and 
parcell of the same together with the Revertion and 
Revertions Remaynder and remaynders of the same and of 
every part and parcell of the same And all Rents Dutyes 
and and services reserved upon any estates or grants here- 
tofore made or granted by the said Lord Berkley and S"" 
George Carterett or either of them of any part or parts of 
the said premisses hereby conveyed to the said William 
Penn (lawen Lawry and Nicholas Lucas or herein or hereby 
mentioned or intended soe to be All which said Westernly 
part share and Portion Parts shares and Portions of the 
said Tract of Land and premisses are now" l)y the consent 
and Agreement of the said partyes to theis presents called 
and agreed from henceforth to be called by the name West 
New Jersey And is all that and only all that Part Share 
and portion and All those parts shares and portions of the 
said Tract of Land and premisses soe conveyed by his said 
Royall Highness as aforesaid aslyeth extended Westward 
or Southward from the west syde of the said Lyne of 
Partition before mentioned To Have and To nold unto 
the said William Penn Gawen Lawry and Nicholas Lucas 
their heires and Assignes in severalty to the only use of 
the said William Penn Gawen Lawry and Nicholas Lucas 
and of their heires and Assignes forever And The said 
S'' George Carterett for him liis heires Executors and 
Administrators doth by these presents Covenant Gi-ant and 
agree to and with the said William Penn his heires and 
Assignes And also to and with the said Gawen l^awry his 
heires and Assignes And Lykewyse to and with the said 
Nicholas Lucas his heires and Assignes And also to and 
with the said Edward Pillinge his heires and Assignes That 
he the said S"" George Cai'terett hath not at any tyme here- 
tofore done or suffred any act matter or thing whatsoever 
whereby or by reason whereof tlie said premisses hereby 
bargained sold Released confirmed or conveyed by liim the 
said &•■ George Carterett unto the said William Penn 
Gawen Lawry and Nicholas Lucas or herein or hereby 



2l.*> NEW .TFR>F.Y roI.ONTAI. DOf rMFNTS. | l^TO 

meant inentiuiied or liiteiuled sot- ti> be or anv part oi" par- 
cell (jf the t^aiiie is are fsliall or iiiav be any ways changed 
biirthened or Tneuiiibred in Title Charge Estate or other- 
wise liowsoever other tiien such arrears (if any be) whidi 
now at the day of tlie date of tlieis presents are due and 
unpaid upon any the Reservations conteyned in tlie said 
lierein before recyted letters Patent and herein before 
i-ecyted conveyances herein before recyted to have beene 
made by his said Royall Highness the said Duke of Vorke 
or eitlier or any of them And otlier then such Lawful! 
Estates and Gi-ants of Lands and ])lantati(tns jtarcell of the 
said premisses as have beene at any tyme heretofore by 
him the said S'' (ieoruv either 1)V himselfe or toy:ether with 
the said Lord Berkeley or by Authority lawfully derived 
from him or from him and the said Lord Berkeley made or 
granted to any Planter (jr Plantei's now in actuall posseses- 
sion of the same lands and Plantations .\nd which have 
beene made and granted according to the Rules and Lawes 
of Plantations now in force in the said Country under the 
usuall and accustomed Rents Dut^-es and services by the 
said Rules and Lawes appointed and directed to be reserved 
upon (Grants of Lands and Plantations made and granted to 
Planters seateing themselves there All and singuler which 
said Rents dutyes and services reserved upon which said 
Estates and (Irants shall be fi-om henceforth due and paya- 
ble unlo the said William Penn (Jawen Lawry and Nicholas 
Lucas their heires and Assignes of whom all such Estates 
soe made and granted as aforesaid Are to be from hence- 
forth holden accctrding to the time intent of theis })resents 
and of all the respective pai'ties hei'eunt(» And it is hereby 
declared and agreed by all the said res])ective partyes to 
theis pi-esents to be the true Intent and meaneing of theis 
presents and of all the respective partyes hereunto that the 
aforesaid Rent of twenty Nobles herein before mentioned 
to be reserved due and payable unto his said Royall High- 
ness the said James Duke of Yorke and his heires shall 
from henceforth be equally paid and borne in manner 



167^] QtTlNTTPARTlTK DEPlD. 219 

following That is to say one equall moyety or halfe part 
thereof by the said S"" George Carterett his lieires and 
Assignes and be issueing out of and charged and chargeable 
upon that part and share of the said premisses which is 
hereby conveyed unto him the said S"" George Carterett liis 
heires and Assignes and the other equall moyety or halfe 
part thereof by the said William Penn Gawen Lawry and 
Nicholas Lucas their heires and Assignes and to be issueing 
out of and charged and chai'geable upon that part and 
Share of the said premisses which is hereby conveyed unto 
the said William Penn Gawen Lawry and Nicholas Lucas 
their heires and Assignes In Witness whereof all the 
said respective partyes to theis presents have to each part 
of theis prents sett their respective hands and scales the 
day and yeare first above written 

Pecognit Gawen Lawry 6" die 

July 1676 Cora" Mg'o in Can'laria 

Miles Poole 

G Carterett Wm Penn Gawen Lawrie 

[l. s.] [l. s.] [l. s.] 

NicHO Lucas E. Byllynge 

[L. S.l [L. S.] 

|0n the back.] 

Sealed and Delivered in the presence of 
Hen: West James Bowers Thomas Langhorne 

Richard Langhorne John Richardson 



Iiist ructlona from William Penn, (rairen Lmiyfie^ Kdvmrd 
Byllynge, JSficholaH Lututx (ind Kdmond Warner to 
their Commissioners in \] <st Jersey. 

I From the Original iu the New Jersey Histoi-ical Society Library .) 

London the 18*'' 6 m° called Aiigs* 1^176 
Wee whose names are beer under Subscribed doe 
giue full Power Com'ision <k Authority unto 



-•20 \KW .TERf^KY COLONIAL DOCUMENTS. [1676 

James \\'ase Kicliard IIartli<»ni ' tV: Kicli'' (iiiy 

ctr any two of Them to act <k doe for u.s 

Aecordino- t() the folh)\viii£i- Iiistrnctioiis, and 

Avee doe Ingaire to Ratitie A" ("ontii'in wliatno- 

ever They shall doc in i^rosecntion of the Same. 

(1) Wee desire you to get a meeting w"' John tfenwick 

and y* Pec^ple that wont w"' him (but wee wold n(»t haue 

you tell yonr business) until) you gett Them together. Then 

shew 6c read y'' deed of Partition with George Cartwriglit 

alsoe, the Transactions between William Penn, Nicliolas 

Lu<'as, (iawcn La\vi-y, Jolm Eh-idge A: Edniond Warner, 

and tluMi read (»ur Letter to John ifenwick & y* rest and 

shcM' Jolm tfenwick He hath noe Power to sell any Land 

theer witiiout y'' (V)nsent of John Eh-idg and Edniond 

Warner 

■ (2) Know at John Fenwick, if Ife will be M'illing peace- 
ably to Lett the Land liee hath taken up of the Natives be 
devided in a 100 parts according to our and his Agreement 
in England ; Casting Lotts for y^ Same Wee being willing 
tliat Those wlK)e being Setled and haue Cultivated ground 
now M'^'' him shall Injoy the Same without being turned 
out although They fall into oiii- Lott. alwayes Provided 
that wee be reand)urst y*" Like vahie iVr (juantitie in grounds 
out of Jo" ffenwicks f.otts, and wee are alsoe Content to 
])ay our ttii"' j);ii-ts of what is paid to y* Natives for y* same, 
And for what James Wass hath purchassed of Jo" tfen- 

1 RkeiarI) HAiiLsHouNK caiuo to the pniviin'o in September, 1C(!!), aud located him- 
sell'iu Middlclowu. Mniiinuutli County. Sandy Hot)k was litst held uuder a siiant to 
liiiti, in 1G77. lU- wa.s a Quaker liy profession, aud an arcount of the countiy. written 
by Liui aud rirculaCed in England, induced ('ousidei'a)>le emigration. A letter from 
liim dated November I'^tli, 1675. is one of a collection printed in 1076. a far .tli/iilif 
copy of wbicb is in tbe New Jersey Uistorical Society Library. He soon attained 
popularity in East Jersey, but did not euter into public life until early in IbS't, when 
he was appointed one of Deputy (jovernor Lawrie's Council. The succeeding; year he 
was elected to the (ieneral Assembly from Middletown ; was chosen Speaker iu 16*6, 
aud continued to hold that position until October, 16!):{ : and, ajjain, from February, 
11196, to March, 16!tt*, when he became one of (Jovernor Basse's (Jouncil. He still con- 
tinued to bold his .seat as a meiuber of the As.sembly, and tilled both positions uutil 
the surrender of the Government to the Crown. See Smith's " History of New Jer- 
sey," p. 63; "East Jersey Under tbe Proprietary Governments, -Jd Edit., pp. 46, 56, 
<ko. : "Minutes of Council.' Eu. 



1676] INSTRUCTIONS TO W. JERSEY COMMISSIONERS. 221 

wick, and He setting out y*" same nnto him not being in a 
Place to be alotted for a Towne upon a River bnt att a 
distance, <fc y^ s*^ J°n ffenwick allowing us Like value in 
goodnes in some other of "His Lotts Wee are willing hee 
shall possess y*^ same from any claming by or under us And 
for the Towne Lots wee are willing hee Enjoy y*" same as 
freely as any .... 

(3) Take Liformation from S(»me y^ knoues y^ sound- 
ings of y'' River & Creeks and that is aec^uaint in y^ Coun. 
ti'y and when James Wase is in Maryland hee may Inquire 
for one Agustin whoe as wee heare did sound most part of 
Deliver River & the Creeks He is an able iSurveyer See 
to agree with Him to goe with you up the River as farr as 
over against Newcastell or further if you can soe farr as a 
vessell of lOO Tun can goe for Wee intend to haue a way 
cut Cross y^ Country to Sandy hook soe y*^ further up the 
River y*^ way will be y® shorter and therupon some Creek 
or bay in some halthy Ground find out a Place fitt to make 
a Settlement for a Towne and then goe to y^ Indians and 
agree w*** Them for a Track of Land about tlie said place 
of Twenty or Thirty myles Long more or less as yee see 
meet, and as broad as you see meet If it be to y*^ midle wee 
care not only Encjuire if George Cartwright have not pui*- 
chased Some there ali'eady y*^ soe you may not l)uy it over 
again e 

(4) Then Lay out four or live Thousand Akers for a 
Towne and if Agustine will undertake to doe it reasonably 
Lett him doe it for He is the littest Man and if He think 
he cannot Survey soe much being in the winter time then 
Let him Lay out y^ less for a Towne at present If it be but 
two Thousand Akers and let him devide it in a hundred 
parts & when it is done lett John ffenwick if he pleas be 
There however lett him haue Notice but however lett 
some of you be there to See y*^ Lotts cast freely by one 
Person y* is not Concerned — The Lotts are from No 1 to a 
hundred and put y" same nvmbers of y'' Lotts in the Parti- 
tion Trees for distinction 



222 NEW JERSEY COLONIAL DOCUMENTS. [1676 

Co) If John ffenwick and Those Concernd with hin^i be 
wiHing to J<>yn witli you in those Tilings as aboue which 
is Just (Sz faire then lie «>r any of thetn may goe along 
with yon in yo^ biisincs and lett them jiay their Proportion 
r>f what is paid t(» y'" Natives w"' other Charges and soe hee 
and They may despose of their Lotts with Consent of John 
Elridge & Edmond Warner, which Lotts are 2<> : 21 : 26 : 
27 : 86 : 47 : oo : 57 : 63 : 72 :— 

(6) If John ifenwick and his People refuse to lett 
y* Land They have taken up of y* Natives be devided <fe 
refuse to Joyn with you, you may lett the Country know 
in what Capasity John F'inwick stands That He liath noe 
Power over y* Persons or Estates of any Man or Woman 
more then any other Person. 

(7) What Land Thow takes of the Natives lett it be 
taken in our Names viz Nynty parts for the use of William 
Penn Gawen Lawry i^ Nicholas Lucas and Ten parts for 
.I^n Eli-adgc v.V: Edmond Warner. — - 

(8) After you liaue taken up land as aboue and devided 
for a Town or Sctlment and cast Lotts for y*" same as aboue 
Then If any haue a mynd to buy one or more Pro]>rietyes 
sell them all two hundred . . . j>iece They taking 
Their Lotts as others doe ])aying to you in hand y*" value of 
fifty pound in part of a Propriety ik y* rest on Sealing 
there Conveyance in London, and soe They may presently 
setle when anj' of the Lotts falls to us that is to say Hee 
y^ buyetli a Propriety may setle on any one Lott of Nynty 
parts which said persons y^ buyes and what Lotts falls to 
Them There They may setle and acquaint us what Numbers 
they are and If any will take Land to Them iVr y"" heires for 
ever for every Aker taken up in a Place laid out for a 
Towne According to y* Conqessions They are not to haue 
aboue what shall fall by Lott to a Propriety in a Towne. 

('.♦) What Charges James Wase is at by taking up the 
]>and of y' Natives Wee doe obleidge to pay y* same unto 
him again w"' what proffitt is usual there upon English 
Goods A: he may .... pois upon two lots one in 



1676] INSTRUCTIONS TO W. JERSEY COMMISSIONERS. 223 

each Towne If they be taken up before y^ conies away to 
his own proper use for his trouble & pains and we doe 
alsoe Engage to alow it pay what (^barges any of our 
Coniission" shall disburst In Executing these our Instruc- 
tions to them or their Assignes. 

(10) Lett us be advised by the first Ship y*^ Cometh for 
England of all Proceedings herupon and writt to the 
Friends at Sandy hook Leting them know how things are 
and y* Wee hauc devided with George Cartwright and 
y*^ our devision is all along on Daliuer River and that Wee 
haue made Concessions, by o''selves which Wee hope wnll 
satisfye Friends there If John ft'enwick or any of y^ People 
w*** Him desire a Coppie of y*^ deed of Partition let them 
haue it 

(11) Wee desire that our ( )rigonall deed may be keept 
in y"" own Custodie that it may be ready to shew unto 
y* rest of y^ Comission''* which we intend to send over in 
y* Spring wnth full Power for setling things and to lay out 
Land & dispose upon it, and for the setling some method 
of Government according to y" Concessions. — 

(12) If you cannot get Agustin to goe w"' you or y^ hee 
be unreasonable in his demands then send a Man to Thomas 
Bushroods at Essex Lodge in Yorke Biver for William 
Elliot whoe writt to Gaweu Lawry this year and ofFord 
himself to be a Surveyor and till .... orders from 
s*^ Lawry to send for him and take him w"' you Hee wmII 
be willing to be there all winter tfc will survey & doe other 
things. He had a good Plantation in Virginia but was not 
able to keep it He is a fair Conditioned Sober Man let him 
stay y'' all winter and ord' Him some thing to Hue upon 

(13) If y*' said Elliot goe w'*" you giue him directions 
what to doe if you cannot stay till a place for a Towne be 
surveyed yet we thinke you may stay untill you have not 
only pitched upon a Place for a Towiie but alsoe upon a 
Place for a second Towne & setlment and have marked out 
y* place round about there and lett William Elliott devide 
both which noc doubt but He may doe before y' Spring 



224 



NEW JERSEY COLONIAL DOCUMENTS. 



[1676 



yt "\;Vee send over more Coiiioss" and People and if J°n 
ffenwick he willing to goe on .loyntly w"' you there his 
Siirveyer may goe a long & help ours & y* Charges shall 
he brought in for both proportionahly on all. Mynd this 
<fe speak to Rich** Gay or Rich** llartsliorne (k leave ord" 
w**" Them to lett William Elliot have provisions for him- 
self till S]ii'ing And wee shall order Them satisfaction for 
y^ same And if there be noe house neer y* Place you take 
up for y^ Surveyers to Lodge in Then let there be a 
(^otadge built for Them on y® Place and Wee will alow the 
Charges. 

(14) And wheras there is Tackling their already for 
fitting up a Sloop as Wee Judge in y^ Custodie of Rich* 
Gay Wee also giue yon Power if you see meet & y' it be 
of necessary use 6c advantage tor y* wholl Consern yon may 
Order those ship Carpent? to build a Sloop sntable for 
those materials tfe apoint Them some provisions for y"" food 
ik for y^ rest of y*^ wages Thy shall either haue it in a part 
of Sloop Or be otherwa3'e8 satisfyed in the Spring of y® 
yeare The s'' Slooj) to be ordered vt disposed upon by yon 
unHll more Comiss'?* come over w"' further Instructions' — 

(1.5) if or y^ . . goods Wee have sent over w''' John 
W^ase, are to be disposed npon for ])urc]iassing Land from 
y^ Natives or otherwayes as need is giveing us Acco" yVif. 



^atHCJti 





/tic/L^ay 



'2^^^^^^^^/ /^%^^^:^ 



1676] FEJJWtCKE S AGREEMENT WITH SETTLERS. 225 



First Agreement for Settlement of West New Jersey. 

[From Johnson's " Historical Acoonnt of the First Settlement of Salem," p. 16.1 1 

The first and general oi'der, as agreed upon Ijy 
John Fenwicke and the first purchasers. 

We wliose names are here subscribed, do first declare, as 
hereby is declared, that we have been exposed to gi-eat 
hazards, straits, dangers and cruelties whilst at sea. John 
X-ord Berkeley's deed being declared to be left in England, 
was the cause of our troubles we met witli there, and at 
our arrival, when our sorrows were multiplied, our miseries 
increased tlirough cruelties and oppression ; so that, as it 
appeared, John Eldrige and Edmond Warner labored to 
send us away with the shadow, whilst they detained from 
us the substance, that should every where preserve us and 
our interest from ruin, even the ruin under which we hith- 
erto groaned, and like to be ruined, having received no 
relief from England, neither can we liear when to expect any ; 
but wliolly left as a people forsaken even forsaken of them 
that pretended to take care of us ; and many of those that 
embarked with us in the same undertaking did also desert 
us, and disperse themselves into other countries ; so tliat 
now, if we can live, we may — if we cannot, we may die, 
for the care that has been and is taken by those men, as if 
their own interests were our destruction. But, blessed be 
the God of heaven and of earth, who hath showed us 
mercy, (to the amazement of our enemies here, and so it 
will be also to others in due time,) praised be his name for 
ever, he hath also by his Spirit stirred in the hearts of 
many good people to pity us, and made them willing to 
come and join with us, sitting down together in this tract 
of land, which John Fenwicke, the chief proprietor, pur- 

1 Mr. Johnson not stating where the origiual is to be found, (if yet in existence,) 
the document is here printed, as he gives it. modernized. 



226 NFAV jersey COI.OKtAt. noOUMENTS. [1076 

chased of the natives for liis eolony. and to satisfy every of 
liis ])iircliasers by settiiiij out their tracts of land therein 
aeeordingly. To the end, therefore, tliat the Lord's reijuir- 
ings may be answered, tlic desires of strangers satisfied, the 
said colony planted, we and our families preserved from 
ruin, every pure.luiser having his land set out, the natives 
neither pi-ovocated nor tem])ted. but all our lives preserved 
by setting out and ])lanting the land as people come to take 
it up, and so sitting down together as i)i otlier counti'ies— 
We, after many meetings and serious consultations, do 
unanimously agree and conclude upon the method follow- 
ing, which we, the chief ])urchas(M-s of Fenwicke's colony^ 
and other the purchasers and freeholders residing within 
the same, do approve of and judge to be most just, reason- 
able and equal ; and do therefoi-e declare and order, that 
every purchaser that is resident shall forthwith have his 
tract (►f land set out — the one-half in the liberty of Cohan 
zick, the other half in the liberty of Allaways, or as the 
chief propi-ietor shall order the same there or elsewhere ; 
the said ])ui'chasers casting lots only, who shall begin and 
succeed till their tracts be surveyed and set out; and after 
their tracts of land are set forth and sui-veyed, then in 
order according to the lots as aforesaid, shall the tracts of 
which they are entrusted with be set out and surveyed also, 
as they conu' to sit down u])on and improve the same, 
making it first ap])ear to the chit^f ])ro])rietor and council 
that they really intend the same. 

tid. That there shall be a neck or two of land set out for 
a town at Cohan/.ick, and divided into two ])?irts — the one 
for the chief j)roprietor, the other to be set out in town 
lots for the ])urchasers, which lots are to be I'eckoned as 
part of their purchases. The chief ])roprietor is to settle 
upon the town, {/ratlx, a common of marsh, and to dispose 
of his ])art for the encouraging of trade. That the said 
lots shall be sixteen acres a-piece, and that every jnirchaser 
shall take their lots in the town as they come to take them 
up and }>lant them. 



167H"] fenwicke's agreement With settlers. 227 

And as for the settling of the town of New Salem, it is 
likewise ordered that the town be divided by a street ; that 
the south-east side be for the purchasers, who are to take 
their lots of sixteen acres as they come to take them up 
and plant them, as thev liappen to join to tlie lots of the 
purchasers resident, who are to hold their present phmta- 
tions, and all of tliem to be accounted as part of their pur- 
chases ; and the other part, on tlie north and by east and 
b}' south, is to be disposed of by the chief pi'oprietor for 
the encouragement of trade ; he also giving for the good of 
the town in general, the field of marsh that lieth between 
the town and Goodchild's plantation ; — and, 

Lastly, we do leave all other things concerning the set- 
ting forth and surveying the said purchases, unto the chief 
proprietor, to order as he sees fit. 

Signed accordingly, the twentv-fiftli day of the Fourth 
month, 1676. Fenwicke. 

Edward Wade, John Smith, Richard Xoble, 

Saml. Nicholson, John Addams, Hypolite Lefevre, 

Edward Champnes, Richard Whitacar, William Malster, 
Robert Wade. 



Letter from the Proprh'tor-^ of ir^'.sV Jerxey to Richard 
HartKhorne, one of their VohimiHsioners. 

[As printed in Smitb's "History of Xew Jersey." p. 80.] 

To Richard IIartshorne 

London 26th of the 
Richard Jlartshome 6th month, 1676. 

We have made use of tliy name in a commission and 
instructions, which we have sent by James Wasse, who i.s 
gone in Samuel (Iroome's ship for Maryland A: a copy of 
which is here inclosed, and also a co])v of a letter we have 
sent to John Fenwick, to be read to him in presence of as 
many of the people that went with him as may be ; and 
because we both expect, and also entreat, and desire thy 



228 NEW JERSEY COLONIAL DOCUMENTS. [1676 

aKsistance in tlie same, we will a little sliew things to thee, 
that thou ma}' inform not only thyself, but freinds there ; 
wliieh in sliort is as follows, 

1st. We have divided with (-reori^e Carteret, and have 
sealed deeds of partition, each to the other ; and we have 
all that side on Delaware river from one eiul to the other ; 
the line of ])artition is frou) the east side of little Kgg Har- 
bour, straight North, through the country, to the utmost 
branch of Delaware river; with all })owers, privileges, and 
immunities whatsoever; ours is called Anr \\'e.sf-Jtr.'<ft/, 
his is called JVew £^a.^t-'/t/:sri/. 

iJd. We have made concessions by ourselves, being such 
as freinds here and there (we question not) will approve 
of, having sent a copy of them by James Wasse ; there we 
lay a foundation for after ages to understand their liberty 
as men and christians, that they may not be brought in 
bondage, but by their own consent; for we put the power 
in the people, that is to say, they to meet, and choose one 
honest man for each propriety, who hath subscribed to the 
concessions ; all these men to meet as an assembl}' there, 
to make and re})eal laws, to choose a governor, or a com- 
missioner, and twelve assistants, to execute the laws during 
their pleasure ; so every man is capable to choose or be 
chosen ; No man to be arrested, condenmed, imprisoned, 
or molested in his estate or liberty, but by twelve men of 
the neighbourhood. No man to lie in prison for debt, but 
that his estate satisfy as far as it will go, and be set at 
liberty to work ; No })erson to be called in cpiestion or 
I molested for his conscience, or for worshipping according 
. to his conscience ; with many more things mentioned in 
the said concessions. 

3. We have sent over by James Wasse, a commission 
under our hands and seals, wherein we impower thyself 
James Wasse and Richard Guy, or any two of you, to act 
and do according to the instructions, of which here is a 
copy ; having also sent some goods, to buy and purchase 
some land of the natives. 



1 676] INSTRUCTIONS TO RICHARD HARTSHORNE. 229 

4. We intend in the spring to send over some more 
commissioners, with the friends and people that cometh 
there ; because James Wasse is to return in Samuel . 
Groom's ship for England; for Richard Guy, we Judge, 
him to be an honest man, yet, we are afraid that John 
Fen wick will hurt him, and get him to condescend to . 
things that may not be for the good of the whole ; so we 
hope thou wilt ballance him to what is just and fair ; that 
John Fen wick betray him not, that things may go on easy 
without hurt or jar ; which is the desire of all freinds ; 
and we hope West Jersey will be soon planted ; it being in 
the minds of many friends to prepare for their going 
against the spring. 

5. Having thus far given thee a sketch of things, we 
come now" [to desire thy assistance, and the assistance of 
other friends in your parts ; and we hope it will be at 
length an advantage to yon there, both u^^on truth's account, 
and other ways ; and in regard many families more may 
come over in the spring to Delaware side, to settle and 
plant, and will be assigned by us to take possession of their 
particular lots ; we do intreat and desire, that thon, know- 
ing the country, and how to deal with the natives ; we say, 
that thee, and some other friends, would go over to Dela- 
ware side, as soon as this comes to your hands, or as soon 
as you can conveniently ; and James Wasse is to come to a 
place called New-Castle, on the other side of Delaware 
river, to stay for thee, and any that will go with him ; and 
you all to advise together, and lind out a iit jjlace to take 
up for a town, and agree with the natives for a tract of 
land ; and then let it be surveyed and divided in one hun- 
dred parts ; for that is the method we have agreed to take, 
and we cannot alter it ; and if you set men to work to 
clear some of the ground, we would be at the charges ; and 
we do intend to satisfy thee for any charge tho art at, and 
for thy pains ; This w^e M'ould not have neglected ; for Ave 
know, and you that^are there know, that if the land be not 
taken up before the spring, that many people come over 



230 NEW JERSEY COLONIAF. DOCUMENTS. [1676 

there, tlic natives will insist on liigli demands, and ^o we 
shall suffer by buying at dear rates, and our friends that 
t'ometh over, be at great trouble and eliarges until a plat-e 
be bought and divided; for we do not like the tract of 
land John l-'enwick hath bought, so as to make it our iirst 
settlement : but we would have thee and friends there, to 
provide and take uj* a })lace on some creek or river, that 
may lie nearer you. and such a place as you may like ; for 
)nay be it may (;ome in your minds to come over to our 
side, when you see the hand of the Lord with us ; and so 
we can say no more, but leave the thing with you, believ- 
ing that friends there will have a regard tt» friends settling, 
that it may be done in that way and method, that may be 
for the good of the whole ; rest thy friends, 

(4awen Lawkik Wilijam Penn Nicholas Lucas 
E. ByllyN(;e .loMN Ei,i>Kii)(.K EoMoND Wakner. 



S//' .]i)hii U'ltltii til ( idi'rriior ^{iidios. 
fFioiii "New York Colonial I)iviiiiiieiit8,' Vol. III., p. -^40.] 

Sir. [Krfriirt:\ 

I addc thus much further in relac'on to 

Sir George Carterett's Colony of New Jersey, y*^ is, that I 
have ac(|nainted his R" High"* with what M"" J)yre writes 
to me, about his late bickering w"' Capt. Carteret for not 
letting a Present pass vk'', and tliough small matters are 
hardly worth y" notice es])ecially where Sir (Tcorge Car- 
terett himselfe is concerned; (for whome the Duke hath 
much esteeme and regard) I doe not find y' y*^ Duke is at 
all inclined to lett got- any ])art of his jirerogative w*^^*" you 
and your ])rc<lecess'''' have all along constantly asserted in 
his behalfe ; and soc. thpugh at present in respect to Sir 
Geo: we soften things all we may not to disturbe his 
choller (for in truth the passion of his inferio'' offic™ soe far 
iiifects him as })uts him on demands w*^'' he hath noe colour 
of right to) I verily believe should his foote chance to slip. 



1676] LETTER FROM THE TRUSTEES OF W. JERSEY. 231 

those who succeed him must be content w'*' lesse civility 
y° we shew him in y*" point, since y" we should exercise y*" 
just authority his R" High*- hath without such reserves, as 
though intended but favours now, may, if confirmed, 
redound too much to y** prejudice of yo*" Colony. You 
will reserve what I say in y" paragraph to your selfe. . . 



Dated at 8^ James's Aug*^ y« 3P.^ 1676^ 
To Major x\ndros. 



Letter from WUJ'xiin, Peitn, (rairen Jjiwrle and Nicholas 
Lucas to those Proposing to tiettle in West Jersey. 

I From Smith's " History olNew Jersey, " p, 8S.J 
Ej'JSTLE 

Dear friends aiul brethren 

In the pure love and precous fellowship of our Lord 
Jesus Christ, we very dearly salute you : Forasmuch as 
there was a j)aper printed several months since, entitled. 
The description of New- West-Jersey, in the which our 
names were mentioned as trustees for one undevided moiety 
of the said 2)rovince : And because it is alledged that some, 
partly on this account, and others apprehending, that the 
paper by the manner of its expression came from the body 
of friends, as a religious society of people, and not from 
particulars, have through t'hese mistakes, weakly concluded 
that the said description in nuitter and form might be writ, 
printed and recommended on purjiose to prompt and allure 
people, to dis-settle and transplant themselves, as it's also 
by some alledged : And because that we are informed, that 
several hav« on that account, taken encouragement and 
resolution to transplant themselves and families to the said 
province ; and lest any of them (as is feared by some) 
should go out of a curious and unsettled mind, and others 
to shun the testimony of the blessed cross of Jesus, of 



232 NEW JERSEY COLONIAL DOCrMENTS. [1676 

which several weighty friends have a godly Jealousy upon 
their spirits ; lest an unwarrantable forwardness should act 
or liurry any beside or beyond the wisdom and counsel of 
tlie lord, or the freedom of his light and spirit in their own 
liearts, and not upon good and weighty grounds ; It truly 
hiid hard upon us, to let friends kn(;»w how the matter 
stands ; which we shall endeavour to do with all clearness 
and fidelity. 

1. That there is such a prucliux ws ^cic-Jti'stij, is cer- 
tain — 

2. Tiiat it is reputed of those who have lived and have 
travelled in that country, to be wholesome of air and fruit- 
ful of soil, and capable of sea trade, is also certain ; and it 
is not right in any to dispise or dispraise it, or disswade 
those that iind freedom from the Lord, and necessity put 
them on going. 

3. That the Duke of York sold it to tliose called lord 
lierkeley, baron of Stratton, and sir George Carteret, 
equally to be divided between them, is also certain. 

4. One iiioieiij or half part of the said j>f(rvinee, being 
the right of the said lord Berkeley, was sold by him to 
John Fen wick, in trust for Edward Byllinge, and his 
assigns 

5. Forasmuch as E. V>. (after William IVnn had ended 
the difference between the said Edward Byllinge and John 
Fenwick) was willing to present his interest in the said 
pr<ni')nve to his creditors, as all that he had left bin), towards 
their satisfaction, he desired William Penn (though every 
way unconcerned) and (4awen Lawrie, and Nichohis Lucas, 
two of his creditors, to be trustees for performance of the 
same ; and because several of liis creditors, particularly 
and very im])ortunately, pressed William Benn to accept 
of the trust for their sakes and security ; we,did all of us 
comply with those and the like requests, and accepted of 
the trust, * 

6. Upon this we became trustees for one moiety of the 
said province, yet undivided ; And after no little labour, 



1676] LETTER FKOM THE TRUSTEES OF W. JERSEY. 233 

trouble and cost, a division was obtained between the said 
Sir George Carteret and ns, as trustees ; The country is 
situated and bounded as is expressed in the printed descrip- 
tion. 

7. This now divided moiety is to be cast into one hun- 
dred parts, lots, or proprieties ; ten of which upon the 
agreement made betwixt E. Byllinge and J. Fenwick, was 
settled and conveyed unto J. Fenwick, his executors and 
assigns, with a considerable sum of money, by-way of satis- 
faction for what he became concerned in the iiurchase from 
the said lord Berkeley, and by him afterwards conveyed to 
John Eldridge and Edmond Warner, their heirs and 
assigns. 

8. The ninety parts remaining are exposed to sale on 
the behalf of the creditors of the said E. B. And foras- 
much as several friends are concerned as creditors, as well 
as others, and the disposal of so great a part of this country 
being in our hands, we did in real tenderness and regard as 
friends, and especially to the poor and necessitous, make 
friends the iirst offer ; that if any of them, though particu- 
larly those that being low in the world, and under trials 
about a comfortable livelihood for themselves and families, 
should be desirous of dealing for any part or j^arcel there- 
of, that they might have the refusal, 

y. This was the real and honest intent of our hearts, 
and not to prompt or allure any out of their places, either 
by the credit our names might have w^ith our people 
throughout the nation, or by representing the thing other- 
wise than it is in itself. — 

As for the printed paper sometime since set forth by the 
creditors, as a description of that jjrovince ; we say as to 
two passages in it, they are not so clearly and safely 
worded as ought to have been ; particularly, in seeming to 
limit the winter season to so short a time ; when on fur- 
ther information, we hear it is sometime longer and some- 
time shorter than therein expressed ; and the last clause 
relating to liberty of conscience, we would not have any to 



234 NEW JER6EY COLONIAL DOCUMENTS. [1676 

tliink, that it is promised or intended to maintain the 
liljerty of tlie exercise of religion by force and arms; 
though we shall never consent to any the least violence on 
conscience ; yet it was never designed to encourage any to 
expect by force of arms to have liberty of conscience fenced 
against invaders thereof. 

]<». And be it known unt<» you all. in the name and 
fear of Almighty (tod, his glory and honour, power and 
wisdom, truth and kingdom, is dearer to us than all visible 
things ; and as our eye has been single, and our heart sin- 
cere to the living God, in this as in other things ; so we 
desire all whom it may concern, that all groumlless jeal- 
ousies may be judged down and watched against, and that 
all extemes may be avoided on all hands by the power 
of the Lord ; that nothing which hurts or grieves the 
holy life of truth in any that goes or stays, may be 
adhered to ; nor any provocations given to break precious 
unity. 

This am 1, William Penn, moved of the Lord, to write 
unto you, lest any bring a temptation u})on themselves or 
others ; and in offending the Lord, slay their own peace : 
Bl<xxr(l are tin;/ that nni .y<v, (inil Ix'/iohl film fht ir IrdJer^ 
thtir (>f(h r< i\ f/i'ir conihicfoi' (did j>rfKci'i'ei\ in Mai/iinj or 
i/oi'iK/ ; II fiosi' f-s f/i< III riJi n ml iln t'ldlniH-^ tin ri<>t\ ami the 
riitfli upon a flioiLsam/ liills. And as we formerly writ, we 
cannot but repeat our ri'<|uest u[>on you, that in whomso- 
ever a desire is to be concerned in this intended jihinfutloii^ 
such would weigh the thing l)efore the Lord, and not 
headily or rashly conclude on any such remove ; and that 
they do not offer violence to the tender love of their 
kindred and relations ; hut noberly ami roiiifc'ieutiondij 
t'ticli'dro'ir to ol>tiiiii till I r ijiKxl lo'dlii, the unity of friends 
irlwre thrij life ; thid irhetlur tlwij ijo or f<tai/, it may be of 
ijooilfacoar lufore. the Lord (ami i/ood people) from irho/n 
oidif ran all hearenl;/ and eaHldij bl-eaximjii come. This we 
thought good to write for the preventing of all misunder- 
standings, and to declare the real truth of the matter ; and 



1676] PROCEEDINGS AGAINST FENWTCRE, 235 

60 we commend joii all to the Lord, who is the watchman 
of his Israel. 

We are your friends and brethren, 

William Penn 
Gawen Lawrie 
[September 1676] Nicholas Lucas 



Minutes of it (otnicll, Held at JVeio York, in Relation 
to Major John Fenwicke 8 Granting Patents in New 
Jersey.^ 

(Extract from ''New York Colouial Documents," Vol. XIL, p. otiS.J 

At a Councell held at New York 
November 20'^' 1676 

Entred in the Councell booke. The answer to the pro- 
posals to bee in Comon booke of entryes 

Severall Letf^ being read concerning Majo' John Fen- 
wicks actings in New Jersey on the east side of Dela- 
ware River by his granting patents for Land, & refusing 
to obey the Governo'"' speciall warrant tfcc 

Resolved, it imputing his majesties service, ct good ife 
quiet of those parts ife Inhabitants. That hee bee sent for, 
with the iirst Convenience hither, & if there bee occasion 
that the Comander A: Magistrates at Delaware doe use 
force for seizing & sending him 

That there being no LawfuU x'Vuthority for Major Fen- 
wyck's giving forth ])atents for Land, Its not thought fitt to 
returne back those sent hither, But the persons who have 
paid their moneys for them, may have their Remedy at 
Law for the same, against the person that gave them. 

A^pon the Complaint of Jean Paul Jacjuet, That hee hath 
been dispossest by Majo'' Fenwyck of some Land on the 
East side of Delaware River, ordered. That the said Jean 
Paul Jaquet bee repossest of what land hee was in posses- 

1 The purport of this minute was communicated by C^overnor Audros to the 
magistrates of Newcastle, by letter dated November i3d. • New York Colonial 
Documents,' Vol. XIL, p. 366. Ei>. 



236 NEW JERSEY COLONIAL DOCUMENTS. [1676 

sion of on the East side of the River, at the last coming in 
of the English Government ; The which the Co" is to take 
order about, and if occasion the Comander at Delaware is 
to assist them. 



Proceedings at a Court for th> Trial of Major John 

l^\niri<'h'. 

(From "New York Colonial Documents," Vol. XTI., p. 568.] 

At a special Co'".*' held the 12*" day of Jan. I6T7, about 
Ma jo'' John Fenwycks businesse 

The Councell Justices & May"" & Aldermen call'd over 

Majo"" P'enwyck brought to the barre. 

The Jury call'd over (returned by the High Sheriff e) & 
sworne. 

The prosentm' in the name of Samuell Lectc c^c read, 
eliarging him w"" a Rv<»t <kv. 

Hee is prest to plead, but jiretends to appeale & saith 
hee is ignorant of the jjawes it proceedings of this Gov- 
erning ; 

Hee pleads not Guilty. 

The K^ !/•"* patents to the D. ct the Dukes to the Gov- 
erno'' read. 

One of Majo"" Fenwyck's deeds read dated .luly l.")'" 
1676 

Another deed read to the same ])ur})ose, another dated 
Aug. 10'" 1676, 

Another m()re large the same date. 

Majo"" Fenwycks licence to distill N" 4. 

Jean Paul Ja(|uets complaint, with several deposicons 
read N** 8, his land called Stoon brooke, given away by M. 
Fenwyck to John Erickson. 

Majo"" Fenwyck ownes his land iV justifies his actions, 
confessing all the patents &c to bee his act & deed. 

Hee pleads for himselfe, to hold from the Lord John 



16T7] TRIAL ov penWicke. 237 

Berkely & makes a Long discourse, denyes that any part 
of New Jersey is under the Jurisdiction of tliis Co'"' & 
pleads his liberty to appeale to his Ma"^^ 

Hee pleads over & over The K. can doe no wrong, & hee 
must appeale to him. 

He s*'* an undoubted Interest can not bee destroyed, & 
that the L^ Berkely hath an undoubted right, & conse- 
quently hee hath. 

That S'" Geo: Carteret being repossest by a new Clraunt 
from his R. H* of a Pt. its as good as for the whole & so 
deemed by the Law. 

Gov. Carterets Letter read wherein he absolutely dis- 
ownes M. Fenwyck. 

Majoi" Fenwycks letter to the Go: read. 

Hee acknowledges to have no originall deed or ^rant 
here butt was left in Engl. 

Hee s*^ the D [uke] hath nothing to doe in New Jersey, 
& what hath been done by him was there. 

The Go: gives a Charge to the Jury, who goe out upon 
the businesse. 

The Co" adjourned till 4 afternoon. 
Afternoone. 

The Jury bring in their Verdict & send for the Pris^. 

The Go : urged to the Jury to declare whether they 
found Majo"" Fenwyck Guilty or not Guilty as to the Pre- 
sentment. They said Guilty 

Majo"" Fenwyck desires an Appeall to the King, & moves 
to have it recorded. 

Hee offerrs againe to plead in his Justification. 

All ordered to withdraw but the Co" 

The Co" having considered of the Verdict of the Jury 
doe approve it & contirmes the same & give Judgment 
therefore : 

That M"" F. having acted w'^in his R. H. Patent without 
any legall Authority &c doe pay all costs & charges of this 
Suite & likewise pay a fine of 40£ to the Co", 



23:^ XF.W .TKRSKY COLONIAT, POrUMRNTS. [1^*77 

And that liee reinaine in Custody untill he give security 
of r)0(»t' to be of the good behavior iV: not to act in any 
))nblick Capacity. I'nless lie sliall receive i"vr produce suffi- 
cient Autliority from tlic King, or from some othrr (h'riv- 
ing from his Mai"'^\ 

As for liis Appeall it is A<hiiitc(l hi'i- giving r>00£ 
security more t<j prosecute it, ^^- to answn- any fuitlier 
actit)n tliat may be entred ag"' liim t'oi- liis illegal! actions 
there hitlierto witliout Anthoi-itv. 



PriM'i'ftJntgx A<j<ilii.s( Mojnr John tiinrickt, I iider 

Pri'scntliii'iit of Siiiiinrl Li'(i<\} 
(From "New Voik ColoiiiHl Dotiiiui'iitM. " Vol. XII.. p StiS.) 

At a Speeiall Co""' of Assises held in New Yorke y* 12^'* 
day of January in y** 2S"' yeaiv of his Ma"'^'* Reigne. 
Annoque Dominie 167r».'-* 

Present 

The Governo'' tfe Council! 

The Justices of the Severall Ridings of Yorke- 

shire upon J^ong Ishmd. 
Tlie May-" A: Alderm" of tliis Citty 

Major .lolm Fenw3'ck l)cing Presented to tliis Co" by 
M' Sam" J.eete, for tliat liee tlie said Jolni Fenwyck tlie 
»'' lo"' day of Augs^ 1()7<I c^- divei-s times before and Since 
witlntut any Riglit or title, witli force and armie Ryot- 
eously cV: Routeously Nvitli Fenwyck Addams, Ricliard 
Ilandcoek, iVr several! otlier Persons, hath Possessed him- 
selfe of a large tract oi- Parcel! of Fand Lying v\r being 
with in the bounds ifc IJnutts of liis Royall Highness James 
Duke of York his Pattent, from liis ISfa"^ ; that now is, for 
certaine Lands in America, ^t' assuming to himselfe to bee 
Loj-d Clieife Pro})rieto'. Arc of tlie same, hatli granted to 
several! persons great tracts of J^and ».Vr taken severall 
sumes of Money for y* same, «fe disturbed severall of his 

1 See Ante, p. 186. 2 1676-7. Ed. 



1677] PROCKEmNftS AGATKST FENWICKK. 239 

Ma"** Subjects, not only in y* Possession of tlieir Estates 
but Ryoteonsly Routeously (fcc 

'The matter haveing been fully debated, Majo'"Fenwyoks 
Defence & Allegacons, Evidences and Testinionys heard, 
examined & taken, y" Jury sent out, brought in their \ev- 
dict y* they finde y^ said Major John Fenwyck guilty. 

The Co" haveinff Considered the whole matter. Continue 
the same & give Judgement that the said Major Fenwyck 
do pay all the Costs & Charges of this suite, & a tine of 
forty pounds to the King, & that he remaine in Custody 
untill he give security of tive hundred pounds to bee of 
y* good behavior, & not to act in any public Capacity in 
those parts unlesse he receive it produce sufficient authority 
<fe commission for the same 

Upon his desire Appeale is admitted bee giveing tive 
hundred pound security more to prosecute it & to answer 
any further Action that may be entred against him for his 
past actings there. 

By order of the Speciall Co" of Assizes 

Matthias Nicoli.s Sect. 



Council Mimitp — Thoina.^ Olive and Other Passenger.^ of 
the Ship '"'' Kerd'''' Axk for, and Iheeive Pterin isslon 
to Settle in West Jersey. 

(From "New York Colonial Documents," Vol. XIT., p. 579.] 

At a Councell Augt 4"' 1C77 
Thomas Olive, Daniel Willes, John Penford, Joseph 
Helmely, Rob' Stacy, and Benjamin Scott, Informing the 
Governor of their being lately come from England in the 
good ship the Kent, (Gregory Marloe, Mastei', now riding 
in the Bay near Sandy Iloeck, intended with about two 
hundred persons to settle in West New-Jersey to the east 
of Delaware River or Bay, claiming the authority of pro- 
prietors and jurisdiction in said parts, for which Produce 
deed or indentures from his Royall Higlmesse to my Lord 
John Berkley and S"^ George Carteret both of his Ma""* 



24r» NEW JERSEY COLONIAL DOCtTMENTS. [1677 

most hon'"'^ Privy Councell >S:c bearing dato the 23'' <L' 24»»' 
day of June 1604, in tlie 16"' yeare of his Ma'''^* reign as 
pr s** deed to be called New Jersey i.V:c, and severall other 
Indentures and Deeds of the 18"' of March 1073, in the 
26"' yeare of y*^ King, of the 0"' cV: 10"' of February 1674, 
from my lord Jno. Berkly to Jn" Fenwyck, for a moyety 
of said New Jersey, and from .lohu Fenwick cV: Edward 
Billing to W'" Pen, (lawan Lawry and Nicholas Lucas and 
a Commission of the 4"' of A})ril 1677, from AV"* 1\mi, 
Gawan Lawry and Nicholas Lncas, and Edward Billing, to 
Tho: Olive cV:c Eight to bee (.■ommissioners authorized 
from them for west New Jersey and desired time granted 
them for about three days to })roduce a deed of Particon 
and what else they might have to show or say, which hav- 
ing done upon the 6"' day said deed bearing date the tirst 
<»f July 167*> in 28th yeare of the King, and heard in all 
they would alleadge thereupon, so desireing answer, It 
being taken into consideracon 6c how the Cloverno"" should 
act therein. And records being called for, itt appearing by 
his Ma"*^" Lett" Pattents of the 24"' of August 1674, the 
26"' yeare of the King that the (ioverno"" was authorized 
and comnuinded, and did receive these countreyes from the 
Dutch and by order and Commission from his Ji" H* at 
that time for the same, hath continued in the possession 
and Government thereof nnder his R. 11% Advised tfc 
Resolved, that the Governo"" is not discharged (by any thing 
the above Tho. Olive Arc have i)roduced) n(»r can unless by 
some authority of later date. l>ut uj)on consideracon of so 
many persons as alleadged on bt)ard, come over upon said 
accompt of settlemS 

llesolv'd & Ordered that they nuiy all freely land in 
these jKirts or proceed to Delaware to settle any unim- 
provt'd land duly purchased submitting uiuler this Govern- 
m' as (»tlicr his Ma"" subjects in ewry respect for all things 
and differences, unlesse and till they shall recive and pro- 
duce to the Governor here sutficient authority or order 
from Enorland for his discharj^e 



1677] WEST JERSEY CONCESSIONS. 241 



The (Wncffifdons and Agreniient.s of Wef^i Jersey. 

(From Leamiug & Spicei's '• Grant» aud Concessious, " p. 382.] 

The Concessions and Agreements of the Pro- 
prietors, Freeholders and Inhabitants of the 
Province of West New-Jersey, in America 

Chapter I. 
We do consent and agree, as the best present Expedition, 
that such Persons as shall be from Time to Time, deputed, 
nominated and appointed Commissioners by the present 
Proprletorfi or the Major Part of them, b}' Writing, under 
their Hands and Seals, shall be Commissioners for the 
Time being, and ha've Power to order and manage the 
Estate and Afiairs of the said Province of W^ent Nevi- 
Jf):sey^ according to these our Concessions, hereafter 
following, and to depute others in their Place and Author- 
ity in Case of Death or removal, and to continue until 
some other Persons be deputed, nominated and appointed 
by the same Propvletors^ or the Major Part of them, to 
succeed them in that Office and Service. And tlie Com- 
missioners for the Time being are to take Care for 
forth and dividing all the l^ands of the said Piovince, as 
be already taken up, or by themselves shall be taken up 
and contracted for with the Natives, and the said Land so 
taken up and contracted for to divide into one Hundred 
Parts, as occasion shall require ; that is to say, for every 
quantity of Land that they shall from Time to Time lay 
out to be planted and settled upon, they shall first for 
Expedition divide the same into Ten equal Parts or Shares ; 
and for distinction sake to mark in the Register, and upon 
some of the Trees belonging to everj Tenth Part, with the 
Letters A B. and so end at the Letter K. And after the 
same is so divided and marked, the said Commissioners are 
to grant unto Thomas Ihdchinxon of Bevi-rly, 'Thomas 



--t- NKW .IKK>i:V <(»!.. »M A I. 1 >< •( tM KNTS. [167T 

Peavxiui of il(inii-H-},\ ./,,.•<, J >/i I/> liii.'<lri/, of Crmt KAk^ 
(it'ort/c Jhift/ii/isoii of S/irffithI, and Mulilon SttKu/ of 
Ildnsii'ort/i, all of the ( 'omitv of York, <>r their lawful 
Deputies, or particular Ctmiinissioners, for themselves and 
their Friends, who are a (•onsidera])le Nuniljer of People, 
and may S])eedily promote the Phintint;of the said Province ; 
that they may have free lilierty to make choice of any one 
of the said Tenth Parts, or Shares, which shall be tirst 
divided and set out, bciiii; also done with their Consent, 
that they nuiy Plant njton the same as they see meet ; and 
afterward any othej- Person or Persons, who shall go over 
to inhabit, and have })urchased to the Number of Ten 
Pi'ojji'tetieK, they shall and may have Liberty to make 
choice of any of the remainiuij: Parts or Shares, to settle 
in ; and all other Propr'ietoi'x^ who shall go over to settle 
as aforesaid, and cannot nu^ke up amongst them, the Num- 
ber of Ten Pi'vpriHlex^ yet nevertheless they shall and 
may have lil)erty to make choice of settling in any of the 
said Tenth Shai-es that shall not be taken up befoi'e. And 
the Commissioners have hereby Power to see the said one 
Tenth Part, that they shall so make choice of, laid out and 
divided into 2\ u J'ro^n-irti, k, and to allot them so many 
J*rojjrit'ti<'.s, out of the same, as they ha\ e ( )i'ders for : And 
the said Commissioners are to follow these Rules, until 
they receive contrary Oi'der from the Majoi- Part of the 
Propi'ietorfi undei' their Hands and ,Seals. 

The said Conunissioners for the Time bi'ing have hereby 
Power for a]»])ointing and setting outfit Places for Towns, 
and to limit the Boundaries thereof, and to take care they 
be as regular built as the present Occasion, Time and Con- 
veniency of the Places will admit of; and that all Towns 
to be erected and built, shall be with the Consent of the 
Commissioners for the Time being, or the Major Part of 
them. And furthei', the said Commissioners are to (Jrdei* 
the Affairs of the Pi-ovince according to these Concessions, 
and any other Instructions that shall be given them by the 
Major Part of the l^npr'ttto/'s, until such Time us more 



1677] WEST JERSEY CONcRSStOXS. 243 

or other Commissioners shall be chosen bv the Inhabitants 
of West f/cr,'<e I/, 'Af< ]\ eve in these Concessions is mentioned 
and appointed. 

And it is fnrther expi-essly provided and ag-reed to; that 
whereas there is a Oonti-act or Agreement granted bv 
Wmiam Penn, Gaweit Ijuri-ij^ and Nh-holax Lu<-i(s^ unto 
Thomas Ifufchinwn^ Thnuaix yV<r/'.sY>//, Joxcpli HplnixJij^ 
George livfehinKon^ and Mahlon Stari/, dated the second 
Day of the Month called Morch^ 1676, Instant; wherein 
they Grant nnto the said Persons, certain Privileges for a 
Town to be built, whereby they have liberty to choose 
their own Magistrates and Officers, for executing the Laws, 
according to the Concessions within the said Town : Which 
said Contract or Agreement, is to be held firm and good to 
all Intents and Purposes, and we do by these our Conces- 
sions confirm the same. 

Chapter J I. 

And that all and every Person and Persons, may enjoy 
his and their just and equal Projyt'iety, and Purchase of 
Lands in the said Province : It is hereby agreed, concluded 
and ordained, that the Survey or Surveyors, that the said 
Proprietors have deputed and appointed, or shall depute 
or appoint ; they failing, that the Commissioners shall 
depute and appoint, or that the Genei'al Free Assembly 
hereafter shall depute and appoint, shall have Power by 
him or themselves, or his or their lawful Deputy, or Depu- 
ties, to survey, lay out or bound, all the Projirietors Lands, 
and all such Lands as shall be Gi-anted from any of the 
Proprietors to the P^reeholders, Planters, or Inhabitants, 
and a particulai- or teri-yor thereof, to certify to the Regis- 
ter, to be Tlecorded. 

Chapter III. 

That hereafter ujion further Settlement of the said 
Province, the Proiyrietors^ Freeholders, and Inhabitants, 
resident upon the said Province, shall and may at or upon 
the five and Tweiitleth Day of the Month called Marofi, 
which shall be in the Year according to the English Ac- 



24-4 NEW .IKRSEY COLONIAT, DOCt'MENTS. [1677 

count, Oni' Thousand .*>■/,/■ llumli'iil uml K'HjJitij. and so 
thence fonvard, ii])<»ti \\\v Jir< and Tu'int'iitli Day of starch 
Yearly, by tlie ninth lluui- in the ^lorning of the said Day, 
assemble themselves together in some pnblick Place, to be 
ordered and a])pointed by the Commissioners for tlie Time 
being; and upon default of such appointment, in such 
Place as they shall see meet, and then and there elect of 
and amongst themselves, Ten honest and able Men, fit for 
Government, to officiate and execute the Place of Commis- 
sioners for the Year ensuing, and until such Time as Ten 
more for the Year then next following, shall be elected 
and appointed : Wliich said Elections shall l)e as followeth. 
That is to say, the Inhabitants each Ten of the one Hun- 
dred Proprietors shall elect and choose one, and the one 
Hundred Propr'utorx shall be divided into Ten Divisions 
or Tribes of Men. 

And the said Elections shall be niade and distinguished 
by ballating Trunks, to avoid noise and confusion, and not 
by Voices, holding up of the Hands, or otherwise howso- 
ever : Which said Commissioners so Yearly to be elected, 
shall likewise govern and order the AfJaii*s of the said 
Province, i^pro tempore) foi* the good and welfare of the 
said People, and according to these our Concessions, until 
such Time as a General free Assembly shall be elected and 
deputed in such ni:inni>rand wise as his hei'cafter expressed 
and contained. 

Chapter JV. 

And that the Planting of the said Province l>e the 
moi'e s]ieedily j^i'onioted, it is consented, grant- 
ed, eoiKdnded, agived and declared. 

J'lrist. Tii.\T the J*r<p/'ii tors of the said Pro\ince, have 
and do hereby Grant unto all Persons who by and with the 
consent of one or more of any of tlie Proprietors of the 
said Province, attested by a Certilicate, under his or their 
Hands and Seals, Adventure to the said Province of West 
MeW' Jersey y and shall Transport themselves or Servants 



1677] WEST JERSEY CONCESSIONS. 245 

before the Jlrst Day of the Month commonly called April, 
which shall be in the year of our Lord, o?ie Thousand six 
Hundred Seventy and seven, these following Proportions, 
viz. For his own Person arriving, Seventy Acres of Land 
English Measure, and for every able Man* Servant that he 
shall carry with him, and arriving there, the like quantity 
of Seventy Acres of Land English Measure. And whoso- 
ever shall send Servants before that Time, shall have for 
every able Man Servant, he or they so send as aforesaid, 
and arriving there, the like quantity of Seventy Acres ; and 
for every weaker Servant, Male or Female, exceeding the 
Age of Fourteen Years, which any one shall send or carry, 
arriving there, Fifty Acres of Land, and after the Expira- 
tion of their Time of Service, Fifty Acres of Land for their 
own Use and Behooff, to hold to them and their Heirs 
forever. All such Person and Persons, Freemen or Ser- 
vants and their respective Heirs, and Assigns, afterwards 
paying Yearly to the Proprietor, his Heirs and Assigns, to 
whom the said Lands belong, one penny an Acre, for what 
shall be laid out in Towns, and one half penny an Acre for 
what shall be laid out elsewhere. The first Yearly Pay- 
ment to begin within two Years after the said Lands are 
laid out. 

11. To every Master or Mistress, that by and with such 
consent aforesaid, shall go hence the second Year, before 
the first Day of the Month called April, which shall be in 
the Year one Tliousund si,i' Ilnndred Seventy and eight. 
Fifty Acres of Land, and for every able Man Servant, that 
he or she shall carry or send, and arriving there, the like 
quantity of Fifty Acres of Land, and for every weaker 
Servant, Male or Female, exceeding the Age of Fourteen 
Years, arriving there, Thirty Acres of Land : and after the 
expiration of their Service, Thirty Acres of Land for their 
own use and behoof, to hold to them and their Heirs for 
ever ; all the said Persons and their respective Heirs and 
Assigns, Yearly paying as aforesaid, to the Proj^rietor^ his 
Heirs, and Assigns, to whom the Land belongs, one penny 



246 NEW JERSEY COLONIAL DOCUMENTS. [1677 

farihinff the Acre, for all such Lands as shall he laid out 
in Towns, and ihree Farihiiu/y the Acre, for all that shall 
be laid out elsewhere. 

III. To every Freeman that shall arrive in the said 
Province, within the third Year, from the frMf Day of the 
Month commonly called A />/■!/, in the Year o?i( Tho\if<(nif1 
ftix Hrinfli'f'd iScrriifi/ and ' 'f//'^ to the /?"/a7 of the said 
Month called April., i»i> TJunixdiid si.r IJundnd S., lu nfij 
and /?/;?/, (with an Intention to Plant) Forty Acres of Land 
Englifdi Measure ; and for every able Man Servant that he 
or she shall carry or send as aforesaid. Forty Acres of 
Land of like Measure; and for ^y^v'^ weaker Servant, aged 
as aforesaid, that shall be so carried or sent thither within 
the third Year as aforesaid. Twenty Acres of Land of like 
Measure ; and after the Expiration of his or their Time of 
Service, Twenty Acres of Land for their own Use and 
Behoof, to Hold to them and their Heirs forever ; all the 
said Persons and their Heirs and Assigns, paying Yearly 
as aforesaid, to the Proprietor, his Heirs or Assigns, with 
whom they contract for the same, on* jn nnij half j» mnj 
the Acre, for what shall he laid out in Towns, and out- 
Penny the Acre for what shall be laid out elsewhere All 
which Lands that shall be possessed in tin- said Pi-ovince 
are to be held undei*. and according to the Concessions and 
Conditions as is before mentioned, and as hei'eafter in the 
following Paragraph, is more at lai'ge expressed. Pko- 
vinEi) ALWAYS, that the before mentioned Land, that shall 
be taken up and so settled in the l*rovince as aforesaid, 
shall from the Date hereof, be held upon the C'Onditions 
aforesaid, containing at least two able Men Servants, or 
three such weaker Servants as aforesaid, for every Hundred 
Acres, and so pro[)ortionably for a lesser or greater (pian- 
tity as one Hundred Acres, besides what a Master or Mis- 
tress shall possess, which was granted for his or her own 
Person, in failei* of which upon Notation to the pi'esent 
Occupant or his Assigns, there shall be three ^'ears given 
to such for the i-omplcatiuii' the said Numbei- of Sei'vant* . 



1677] WEST JERSEY CONCESSION'S. 247 

and for their Sale or other disposure of such Part of their 
Lands as are not so Peopled : Within which time of three 
Years, if any Person holding any Land shall fail by him- 
self, his Agents, Executors or Assigns, or some other way 
to provide such Number of Persons, (unless the General 
Assembly shall without respect to Poverty, judge it was 
impossible for the Party so failing to keep his or her Num- 
ber of Servants to be provided as aforesaid) in such Case 
the Commissioners are to summon together Twelve Men 
of the iVeighbourhood, upon such Inipiest, Verdict and 
Judgment past of such default, they are and have Power 
of disposing of so much of such Land for any Term of 
Years, not exceeding Twenty Yeai-s, as shall not be Planted 
with its due number of Persons as aforesaid, to some other 
that will plant the same, reserving and preserving to the 
Proprietor, or his lawful Assigns, the Rents to become due 
and owing for, or in respect of the same, according to the 
Tenure and Effect of these ConcessioTis. And further, 
that every Proprietor that goeth over in Person, and 
inhabit in the said Province, shall keep and maintain upon 
every Lot of Land that they shall take up, one Person at 
least ; and if the Lot shall exceed two Hundred Acres, he 
shall keep and maintain for every two Hundred Acres, the 
like quantity of one Person at least. 

And for all other Proprietors that doth but go over in 
Person, and inhabit in the said Province, shall keep and 
maintain upon every Lot of J.and that shall fall to them, one 
Person at the least ; and if the said Lot exceed one Hun- 
dred Acres, then upon every Hundred Acres that fall to 
them as aforesaid, they shall keep and maintain one Person 
at the least : And if any neglect or deficiency shall be 
found in any of the Proprietors of their keeping and main- 
taining the Number of Persons before mentioned, that then 
and in that Case the Commissioners are to dispose upon 
the said Lands for any Term of Years not exceeding 
Twenty, to any Person or Persons, that will keej) and main- 
tain upon the said Lands, the Number of Persons as before 



248 NKW .lERBET COLONIAL DOCrMENTS. [1677 

is mentioned ; reserving always unto tlie said Proprietors, 
the Rents that shall fall due for tlie same, as before is 
reserved and appointed to be so. Always Provided, that 
the keeping and maintaining of the said Number of Per- 
sons upon the several Lots and Number of Acres before 
mentioned, is to continue for Ten Years from the Date of 
the Concessions and no longer, except where there have 
been anv deficiency, so as the Commissioners liave let the 
Lands for a longer time to any Person or Persons, they are 
to enjoy the same during the Term granted them by the 
Commissioners, any thing in this last Proviso, to the con- 
trary notwithstanding. 

Chapter V. 
And for the regular laying <>ut of all Lands, what- 
soever in tlie said Province, this Method is to 
be followed by the Register and Sui-veyor. 
That the Register to be a})pointed as aforesaid, having 
Recorded any Grant from any of the Proprietors, to any 
Person for any quantity or quantities of Acres, shall make 
out a Certificate to the Surveyor or liis Deputy, enjoyning 
him to lay out, limit and bound Acres of 

Land for A B. out of the several J^ots of C U. one of the 
Proprietors in the Proportions following, that is to say 
]'art there(»f in the Lot of the said C 1). 
in which the Surveyor or his Deputy 

shall lay out, limit and bound accordingly, and shall certify 
back to the Register, on what Point of the Compass, the 
several limits thereof lie, ajid on whose Lands the several 
Parcels P>ut and Bound ; which last Certificate shall be 
entered by the said Register, or liis Deputy, in a Hook for 
that Purpose, with an Alphabetical Table of the Proprie- 
tors Names, and tlie Name of the Planter or Purchaser, 
referring to the said Certificate, shall by the said Register 
be endorsed on the back of the(Trant, with the Folio of the 
Book, in which it is entered, and his Name Subscribed to 
the said Lidorsement. 



1677] WEST JERSEY CONCESSIONS. 249 

And that the Commissioners tor tlie Time being are 
hereby impowered to ascertain the Rates and P^ees of the 
publick Register, Surveyor, and other Officers, as they 
shall see meet and reasonable, how mnch, or what every 
one shall pay for the Registering any Conveyance, Deed, 
Lease, Specialty, Certificate or other Writing ; as also what 
shall be paid by every Proprietor for surveying, dividing, 
and laying out of any Lands in the said Province ; which 
said Register, Surveyor, or other Officer is not to exact or 
demand any more or greater Rates, as shall be established 
as aforesaid. 

Chapter VL 

We do also grant convenient Portions of Land for High- 
ways, and for Streets, not under one Hundred Foot in 
Breadth, in Cities, Towns and Villages. 

And for Wharfs, Keys, Harbours, and for publick 
Houses in such Places as the Commissioners for the Time 
being (until there be a general Assembly) shall appoint, 
and that all such Lands laid out for the said Uses and Pur- 
poses, shall be free and exempt from all Rents, Taxes and 
other Charges and Duties whatsoever ; as also that the 
Inhabitants of the said Province, have free Passage through, 
or by any Seas, Bounds, Creeks, Rivers, Rivelets in the 
said Province, through or by which they must necessarily 
pass, to come from the main Ocean to any Part of the 
Province aforesaid ; as also by Land in ways laid out, or 
through any Lands not planted or enclosed. 

That all the Lihabitants within the said Province of 
Wesf-'Lrxf'i/, have the Liberty of Fishing in Ddauxire 
River, or on the Sea Coast, and the liberty of hunting, and 
killing any Deer, or other wild Beasts, the liberty to Shoot, 
or take any wild Fowl within the said Province. Pro- 
vided ALWAYS that they do not Hunt, Kill, Shoot, or take 
an}'' such Deer, wild Beasts, or Fowls upon the Lands, that 
is or shall be surveyed, taken up, inclosed, sown, and 
planted, except the Owners of the said Lands, or their 
Assigns. 



250 NEW JERSEY COLONIAL DOCrMENTS. [1677 

Chapter VIT. 

The CoMitiiiBsioncrs are to take care tliat Lands quietly 
held, planted, and possessed seven Years, after it's being 
first duly surveyed by the Surveyor, 8urvey<»i's, his or their 
lawful Deputies, wliieh shall be apjiointed by the said Pro- 
prietors and Kegistred in manner as aforesaid, shall not be 
Subject to any Review, Resurvey or Alteration of Bounds, 
upon any pretence, or by any pretence, or by any Person 
or Persons whatsoever. 

Chapti-r \II1. 

The Commissioners are to take care that no Man if his 
Cattle stray, range or graze on any Gri^umd, within the 
said Province, nf»t actually appro]»riated or set out to par- 
ticular I*ersons, shall l)e liable to j)ay any Trespass for the 
same, provided that Custom of (^omnions be not thereby 
pretended to, nor any Person hindred from legally taking 
up and appropriating any Land so gra/ed u]>on. 

Chapter L\. 

The Commissioners are to see that all Courts estal)lished 
by the Laws and Constitutions of the Ceneral Assembly, 
and pursuant unto those Concessions, do execute their 
several Duties and ( )tfices resjiectively accordingly to the 
l^aws in Force, and to displace or punish them tV>r violat- 
ing the said Laws, or acting contrary to their Duty and 
Trusts, as the nature of theii' Offences shall re<piire; and 
where they see Cause after Condeiniuition or Sentence past 
upon any l*l'rson or Persons by any ,ludge. Justice, (»r 
Court whatsoe\ei\ the said Commissioners have Power to 
repreive and suspend the Kxecutiou of the Sentence, until 
the Cause be presented, with a C(ti)y of the whole Tryal, 
Proceedings and Proofs to the next (it'iu'ral Assend>ly, 
who may accordingly either Pardon, oi' eommand Execu- 
tion of tlie SenteiK'e o\\ the ( )lfender oi- ( )ffenders, who are 
to be kept in the mean time in safe Custody, until the 
sense of the (-reneral Assemblv b<' known therein. 



1677] WEST JERSEY CONCESSIONS. 251 

Chapter X. 
To Act and do all other Thing or Things, that may con- 
duce to the Safety, Peace and well Government of the said 
Province and these present Concessions, and that all 
Inferior Officers he accountable to the Commissioners, and 
they to be accountable to the General Assembly. The 
Commissioners are to take care th^t the Constables of the 
said Province, shall collect such of Proprietors Rents, who 
dwell not in the said Province, bnt in England^ Ireland^ or 
SfofJarid, and shall pay it to the Receiver, that they shall 
appoint to Receive the same, urdess the General Asseinbly 
shall prescribe some other way, whereby they may have 
their Rents duly collected, without Charge and Troul>le to 
the said Proprietors. 

Chapter XI. 

They are not to impose or suffer to be imposed any Tax. 
Custom, or Subsidy, Tollage, Assessment, or any other 
Duty whatsoever, upon any Colour or Pretence, how spe- 
cious soever, upon tlie said Pj-ovince and Inhabitants there- 
of, without their own consent first had, or other than what 
shall be imposed by the Authority and Consent of the 
General Assembly, and that only in manner and for the 
good Ends and Tses as aforesaid. 

Chapter X II. 

That the said Commissioners, Registers, Surveyors, and 
all and every other publick OtHcers of Trust whatsoever, 
already deputed and chosen, are hereafter from Time to 
Time to be deputed and chosen, shall Subscribe (in a Book 
or Books to be provided for that Purpose) that they will 
truly and faithfully discharge their respective Trusts, 
according to the Laws of the said Province, and Tennor of 
these Concessions, in their res])ective Offices and Duties. 
and do equal Justice and Right to all Men, according to 
their best Skill and .rudgment. without Corru])tion, Favour, 
or Affection, and the Names of all that shall Subs(;ribe to 
be entered in the said Book. And whosoever shall Sub- 



262 NEW JERSEY COLONIAL DOCUMENTS. [1677 

scribe, and shall violate, break or any wise falsify his 
Promise, after such Subscription, shall be liable to be 
Punished or Fined, and also be made incapable of any 
publick Office within the said Province. 



The Charter or Findamental Laws, of West- 
Jersey AGREED UPON. 

Chapter XIII. 
That the following Concessions are the Common 
Law, or Fundamental Rights, of the Province 
of West New-Jersey. 

That the Common Law or Fundamental Rij^hts and 
Privileges of We,<^t JVcia-J&rsei/, are individually agreed 
upon by the Proprietors and Freeholders thereof, to be the 
Foundation of the (iovernnient, which is not to be altered 
t)y the Legislative Auth(»rity, or free Assembly hereafter 
mentioned and constituted, but that the said Legislative 
Authority is constituted according to these Fundamentals, 
to make such Laws as agree M'ith, and maintain the said 
Fundamentals, and to make no Laws that in the least con- 
tradict, differ or vary from the said Fundamentals, under 
what Pretence or Alligation soever. 

Chai)ter XIV. 
But if it so happen that any Person or Persons of the 
said free Assembly, shall therein designedly, willfully, and 
maliciously, move or excite any to nuive, any Matter or 
Thing whatsoever, that contra<licts or any ways Subverts, 
any Fundamentals of the said Laws in the Constitution of 
the (Toveriimcnt of this Province, it being ])roved by seven 
honest and reputable Persons, he or they shall be proceeded 
against as Traitors to the said Government. 

Chapter XV. 
That these Concessions, Law or Great Charter of Funda- 
mentals, be recorded in a fair Table, in the Assembly 



1677] WEBT .TERSEY C0N(^E8SI0NS. 253 

House, and that they be read at the beginning and dissolv- 
ing of every General free Assembly : And it is further 
agreed and ordained, that the said Concessions, Common 
Law, or great Charter of Fundamentals, be writ in fair 
Tables, in every common Hall of Justice within this 
Province, and that they be read in solemn manner four 
times every Year, in the presence of tlie People, by the 
chief Magistrates of those Places. 

Chapter XYI. 
That no Men, nor number of Men upon Earth, hath 
Power or Authority to rule over Men's Consciences in 
religious Matters, therefore it is consented, agreed and 
ordained, that no Person or Persons whatsoever within the 
said Province, at any Time or Times hereafter, shall be 
any ways upon any pretence whatsoever, called in Ques- 
tion, or in the least punished or hurt, either in Person, 
Estate, or Priviledge, for the sake of his Opinion, Judg- 
ment, Faith or Worship towards God in Matters of Reli- 
gion. But that all and every such Person, and Persons, 
may from Time to Time, and at all Times, freely and fully 
have, and enjoy his and their Judgments, and the exer- 
cise of their Consciences in Matters of religious Woi'ship 
throughout all the said Province. 

Chapter XVII. 
That no Proprietor, Freeholder or Inhabitant of the 
said Province of West New-Jerst^y^ shall be deprived or 
condenmed of Life, Limb, Liberty, Estate, Property or 
any ways hurt in his or their Privileges, Freedoms or 
Franchises, upon any account whatsoever, without a due 
Tryal, and Judgment passed by Twelve good and lawful 
Men of his Neighbourhood first had : And that in all 
Causes to be tryed, and in all Tryals, the Person or Per- 
sons, arraigned may except against any of the said Neigh- 
bourhood, without any Reason rendered, (not exceeding 
Thirty five) and in case of any valid reason alledged, against 
every Person nominated for that Service. 



2.'*4 KKW ■i?:k^ry <<»i.<>MAr. i»o(r>rF.NT:i. [1677 

riiapter XVIII. 

And that ii»i Proprietor. Freeholder, Freedetiiisou. or 
Inhabitant in the .sai<l Province, shall be attached, arrested, 
or imprisoned, for oi- by reason of any Debt. Duty or other ' 
Thing- whatsoever (Cases Feh)nions, Criminal and Treason- 
able excej^ted) I^efoi-e he or she have ])ei'sonal Summon, or 
Summons, left at his or her hist dwelling Place, if in the 
said Province, by some legal authorized Otticer, constituted 
and appointed for that Purjxtse. to aj)pear in souu' Court 
of Judicature for the said Province, with a full and plain 
account of the Cause or Thing in demand, as also the Name 
or Sanies of the' Person oi" Persons at whose suit, and the 
Court wliere he is to ap])ear, and that he hath at least Four- 
teen Days Time to a])pear and answer the said suit, if he i»r 
she live or inhabit within Forty Miles Kiiglish of the said 
Court, and if at a further distance, to have for every 
Twenty Miles, two Days time moi-e, for his and their 
appearance, and so pi'o|>ortionably for a larger distance ot 
Place. 

That upon the Recording of the Summons, and nt.n 
appearance of such Person and Persons, a Writ or attach- 
ment shall or may be issued out to arrest, or attach the 
Person <»r Pei'sons (»f such defaulters, to cause his or their 
Appearance in such Court, returnable at a Day certain, to 
answer the Penalty or Pemdties. in ^uch Suit or Suits; and 
if he or they shall be condemned by legal Tryal and Judg- 
ment, the Penalty or Penalties shall be paid and satisfied 
out of his or their real or personal Estate so condemned, or 
cause the Person or Persons so condemned, to lie in Execu- 
tion till Satisfaction of the Debt and Damages be made. 
Provided always, if such Person or Persons so con- 
demned, shall pay and deliver such Estate, Goods, and 
Chatties which he oi- any other I'erson hath for his their 
use, and shall solemnly declare and aver, that he or they 
have not any further Estate, (loods or Chatties whereso- 
ever, to satisfy the Person or Persons, (at whose Suit, he 
or they are condemned; their respective Judgments, and 



1677] WEST .JEliSEV C()N<'ESSIO.\S. 255 

shall also bring and produce three other Persons as ('Oin- 
' purgators, who are M'ell known and of honest Reputation, 
and approved of by the Commissioners of that Division, 
where they dwell or inhabit, which shall in such open 
Court, likewise solemnly declare and aver, that they believe 
in their Consciences, such Person and Persons so con- 
demned, have not werewith further to pay the said Con- 
demnation or Condemnations, he or they shall be thence 
forthwith discharged from their said imprisonment, any 
Law or Custom to the contrary thereof, heretofore in the 
said Province, notwithstanding. And upon such Sjim- 
mons and Default of appearance, recorded as aforesaid, 
and such Person and Persons not appearing within Forty 
Days after, it shall and may be lawful for such Court of 
Judicature to proceed to tryal, of twelve lawful Men to 
Judgment, against such Defaulters, and issue forth Execu- 
tion against his or their Estate, real and personal, to satisfy 
such Penalty or Penalties, to such Debt and Damages so 
Recorded, as far as it shall oi- may extend. 

Chapter XIX. 

That there shall be in every Court, three Justices or 
Commissioners, who shall sit with the twelve Men of the 
Xeighbourhood, with them to hear all Causes, and to assist 
the said Twelve Men of the JS^eighbourhood in Case of 
Law ; and that they the said Justices shall pronounce such 
Judgment as they shall receive from, and be directed by 
the said Twelve Men, in whom only the Judgment resides, 
and not otherwise. 

And in Case of their neglect ami refusal, that then one 
of the Twelve, b}^ consent of the rest, pronounce their own 
Judgment as the Justices should have done. 

And if any Judgment shall be past, in any Case Civil or 
Criminal, by any other Person or Persons, or any other 
way, then according to this Agreement and Appointment, 
it shall be held null and void, and such Person or Persons 
so presuming to give Judgment, shall be severely Fin'd, 



256 NEW .IRRSEY COLOXIAr. DOCUMENTS. [1677 

and upon complaint made to the General Asf^embly, 1)3' 
them be declared incaj^able of any OtHce or Trust within 
this Province. 

Cha])ter XX. 

That in all Matters and Causes, Civil and Criminal, 
Proof is to be made by the solemn and plain averment, of 
at least two honest and reputable Persons ; and in Case 
that any Person or Persons shall bear false Witness, and 
brint^ in his or their Evidence, contrary to the Truth of the 
Matter as shall be made plainly to appear, tliat then every 
such Person or Persons, shall in Civil Causes, suffer the 
Penalty which would be due to the Person or J*ersons he 
or they bear Witness against. And in (-ase any Witness 
or Witnesses, on the behalf of any Person or Persons, 
Indicted in a Criminal Cause, shall be found to have born 
false Witness for Fear, Gain, Malice or Favour, and there- 
by hinder the due Execution of the Law, and deprive the 
suffering Person or Persons of their due Satisfaction, that 
then and in all other Cases of false Evidence, such Person 
or Persons, shall be first severely Fined, and next that he 
or they shall forever be disabled from being admitted in 
evidence, or into any publick Office, Employment, or Ser- 
vice within this Province. 

Chapter XXT. 

That all and every Person and Persons whatsoever, who 
shall pntsecute or prefer any Indictment or Information 
against othere for any personal Injuries, or Matter Crim- 
inal, or shall Prosecute fc»r any other Criminal Cause, 
(Treason, Murther, and Felony, onl}' exee])ted) shall and 
may be Master of his own Process, and have full Power to 
forgive and remit the Person or Persons offending against 
him or herself only, as well before as after Jutlgment, and 
Condemnation, and Pardon and Remit the Sentence, Fine 
and Punishment of the Person or Persons Offending, be 
it personal or other whatsoever. 

Chapter XXII. 

That the Tryals of all Causes, Civil and Criminal, shall 



1677] WEST JERSEY CONCESSIONS. 257 

ibe heard and decided by the Virdict or Judgment of 
Twelve honest Men of the Neighbourhood, only to be 
Bummoned and presented by the Sheriff of that Division, 
or Propriety where the Fact or Trespass is committed : and 
that no Person or Persons shall be compelled to Fee any 
Attorney or Coiinciller to plead his Cause, but that all 
Persons have free liberty to plead his own Cause, if he 
please : And that no Person nor Persons imprisoned upon 
any account whatsoever within this Province, shall be 
obliged to pay any Fees to the Officer or Officers of the 
said Prison, either when committed or discharged. 

(Chapter XXIII. 
That in all ])ublick Courts of Justice for Tryals of 
Causes, Civil or Criminal, any Person or Persons, Inhabit- 
ants of the said Province, may freely come into, and attend 
the said Courts, and hear and be present, at all or any such 
Tryals as shall be there had or passed, that Justice may not 
be done in a Corner nor in any Covert mannw, being 
intended and resolved, by the helj) of the Lord, and by 
these our Concessions and Fundamentals, that all and 
every Person and Persons Inhabiting the said Province, 
shall, as far as in us lies, be free from 0))pres8ion and 
iSlavery. 

Chapter XXIV. 

For the preventing of Fraud, Deceit, Collision in 
Bafoains, Sales, Trade and Traffick, and the 
usual Contests, Quarrels, Debates and utter 
Ruin, which have attended the People in many 
Nations, by costly, tedious vexations and Law 
Snits, and for a due Settlement of Estates. 

It is agreed, concluded, and ordained, that there be kept 
a Register -At LoikIoh, within the Nation of J^Jiujldiid. And 
also another Register within the Province of A> w WeM^ 
Jersei^f, and that all Deeds, Evidences, and Conveyances of 
J.and in the said Provincr ,of J^eic Wcsf-Jt'rfot/^ that shall 



25R NEW JERSEY COLONIAL DOCUMENTS. [1677 

be executed in Kngl(iii<K may also bo there Registered ; 
and once every Year, the Ilcoister of the said Deeds and 
Conveyances, so Registered, shall he duly transmitted 
under the Hands of the Registei- and three Pro})rietors 
unto the (V)mniissi(jncrs in X< ir Wi xl ./< ran/^ to be enroled 
in the publick Registi'r of the said J*rovince. As also that 
the chief Register, which the said Proprietors have deputed 
or chosen, oi" shall depute or i-hoose failing, that the Coiu- 
missioners shall depute or choose, or which the General 
Assembly of tlie said Province, hereafter mentioned, shall 
depute or choose, shall keep exact Kntries and Registers in 
fair Books, or Rolls for that purpose to be })rovided, of all 
publick Artairs. and therein shall i-ecord and enter all 
Grants of Land, fi-om the Proprietors to the Planters, and 
all Conveyances of l^and. House or Houses, from Man to 
Man, as also all Assignments, Mortgages, Bonds, IS})ecial- 
ties whatsoever, and all Leases for Land, House or Houses, 
made, or to be made from Landlord to Teiumt, and from 
Person 'to Persons; which ( 'onveyances. Leases. Assign- 
ments, Mortgages, F>onds, and S})ecialties which shall be 
executed in W^sf .\<'ir-r/< i-xn/, shall be first ackiu)wledged 
by the Grantor, Assignor, aiul Obligor, before the said 
Commissioner or two of them at least, or some two of their 
lawful Deputies for the Time being; who shall under 
their 1 hinds, upon the back ISide of the said Deed, Lease, 
Assignment, Moi'tgage, or Specialty, attest the acknowledge- 
ment thereof as aforesaid, which shall be a Warrant, for 
the Register to Record the same ; aiul such Conveyance or 
Specialty, if sealed, executed, acknowledged before three 
Proprietors, in the Nation of I'jKjhi mJ, oi- Ti'<hiii<U and 
recorded or registered there within three Months after the 
Date thereof, or if sealed, executeil and ackiutwledged in 
the said Province, or elsewhere out ttf hin/Jand, and 
recorded (jr i-egistn-d within six Months after the Date 
thereof, shall be good and effectual in Law, and for passing 
(»r transferring of Estates in Lands, Tenements, or Heredi- 
taments, shall be as effectual as if deli\erv aiul seixen were 



1677] WEST JERSEY CONCESSIONS. 259 

executed of the same. And all other Conveyances, Deeds, 
Leases, or Specialties not Recorded as aforesaid, shall be of 
no Force nor Effect : And the said Register, shall do all 
other Thing or Things, the said Proprietors by their 
Instructions shall direct, or the Commissioners or Assembly 
shall ordain, for the good and welfare of the said Province. 

Chapter XXV. 
That there may be a good understanding and 
friendly correspondence between the Proprie- 
tors, Freeholders, ^ind Inhabitants of the said 
Province, and the Indian Natives thereof. 
It is concluded and agreed, that if any of the Indian 
Natives within the said Province, shall or may do any 
wrong or injury to any of the Proprietors, Freeholders, or 
Inhabitants, in Person, Estate or otherways howsoever, 
upon Notice thereof, or Complaint made to the Commis- 
sioners, or any two of them, they are to give Notice to the 
Sachem, or other chief Person or Persons, that hath Author- 
ity ov^er the said Indian Native or Natives, that Justice 
may be done, and Satisfaction made to the Person or Persons 
Offended, according to Law and Equity, and the Nature and 
Quality of the Offence and Injury done or conmiitted. 

And also in Case any of the Proprietors, Freeholders, or 
Inhabitants shall any wise wrong, or injure any of the 
Indian Natives there, in Person, Estate or otherwise, the 
Commissioners are to take Care upon Complaint to them 
made, or any one of them, either by the Indian Natives or 
others, that Justice be done to the Indian Natives, and 
plenary Satisfaction made them according to the Nature 
and Quality of the Offence and Injury. And that in all 
Tryals wherein any of the said Indian Natives are con- 
cerned, the Tryal to be by six of the Neighbourhood, and 
six of the said Indian Natives, to be indifferently and 
impartially Chosen by Order of the Commissioners, and 
that the Commissioners use their endeavour, to perswade 
the Natives to the like way of Tryal, when any of the 



2fi<^ NEW .TKKSKY (( »I,( >XIAI, IMKTMKNTP. [1677 

Natives d<i aiiv \v;ivs wrong <ir iiijurf tlie said Proprietors, 
Freeholders or Inliabitants. that they choose six of the 
Natives, and six <>f the Freeholders or Inhabitants, to judge 
of the wrong and injury done, and ti^ j>ropurtion Satisfac- 
tion aceordinglv. 

Chapter XXVL 

It is agreed when any Lands is to be taken up tV»r Settle- 
ments of Towns, or otherways, before it be surveyed, the 
Conaniissioners or the Major Part of the ni are to appoint 
Sonne Persons to go to the chief of the Natives concerned 
in that Land, so intended to be taken up. to acquaint the 
Natives of their intention, and to give the Natives what 
present the}' shall agree upon, for their good AVill or Con- 
sent, and take a Grant of the same in Writing, under their 
Flands and Seals, oi* some other puMick May used in those 
Parts of the World ; which (irant is to be Registered in 
the i)nblick Register, allowing also the Natives (if they 
please) a Copy thereof, and that no Person or Persons, take 
upany Land, but by ordei' from the ( 'oniniissioneiv, for the 

Time being. 

Chapter XXVIl. 

That no Ship ^faster or Comnuinder ot any Ship or 
Vessel, shall receive into his Ship or Vessel, to carry unto 
any other Nation, ('ountry or Plantation, any Person or 
Persons whatsoever, without a Certiticate first harl and 
obtained under the Hands and Seals of the Commissioners, 
or any two of them, that the said Person or Persons are 
clear, and may be taken on Hoard, signifying that the said 
Person or Persons Names have been put up at three pub- 
lick Places of the Province, appointed by the Commis- 
sioners for that Purpose, for tin- space of three Weeks 
giving Notice of his or their Intention to transj)oVT them- 
selves. 

Chapter XXVlll. 

'I'h.'it Men nia\ j>eneeal)l\' and (|iiietl\ ciijoy their 

Kstates. 
Jt is au*i'*^'t'<l it'iiiiv IVtm*!! or Persons >hall steal. I'ol). or 



1677] WEST JERSEY CONCESSIONS. 261 

take any (4o()ds oi' ('battles, from or belong-ing t(; any 
Person or Persons whatsoever, he is t<> make Restitution 
two fold out of his or tlieir Estate, and foi- want of such 
Estate, to be made to Work for his theft, foi- such Time 
and Times as the Nature of the Ott'ence doth reijuire, or 
until Restitution be made double for the same, or as Twelve 
Men of the Neighbourhood shall determine, being a])|)oint- 
ed bv the Commissioners, not extending either to Life or 
Limb. 

If any Person or Persons, shall willfidly beat, hurt, 
wound, assault, or otherwajs abuse the Person or Persons 
of any Man, Woman, or Child, they are to be punished 
accordino- to the Nature of the Offence, which is to be 
determined by Twelve Men of the Neigld)ourhood, appoint- 
ed by the Commissi on ei"s. 

Chapter XXIX. 
For securing Estates of Persons tliMt die, and tak- 
ing care of Orphans. 

7*7/ W. If any Person or Persons die, the Commissioners 
are to take Care that the Will of the deceased be duly per- 
formed, and Security given by those that prove the Will : 
And that all Wills or Testaments be Registered in a pub- 
lick Register appointed for that Purpose, and the Person 
and Persons that prove the same, to bring in one true 
Inventory under their Hands of all the Estate of the 
deceased, and to have a Warrant under the Hands of three 
Commissioners, and the publick Seal of the Province, 
Intimating that they have brought in an Inventory of the 
Estate, and given security. Then and not before, are they 
to dispose upon the Estate. 

II. If any Person die intestate, leaving a Wife and 
Children, the Commissioners are to take security from the 
Person that shall Administer, to secure two Parts of the 
Estate for the ('hildren, and the third to the Wife, if there 
be any, and if there be no Child, then half to the next of 
Kin, and the other to the Wife. 



2^*2 NEW .TRRSKY COLONIAT. POCl'MENTS. flG77 

III. If the Paiviits (.f Cliil.livii l)c- (U-ad, and no Will 
made, then the Coinmissioners are to aj^jjoint two or more 
Per^^ons to take the Charge of the Children, and Estate, 
and to bring in an Inventory of the Estate to be Regis- 
Tei-ed, and that the said Persons are to make good to the 
Children, what Part of the Estate shall come into their 
Hands, and to give a true Account of their Receipts and 
Disbursements, to l^e approved of by the (-ommissioners. 

IV. If Parents die, leaving Child or Children, and n<t 
Estate, oi- not sufficient to maintain and bring up the said 
Child or Children, in that Case the Commissioners are to 
appoint Persons to take Care for the Child or Childi-en, to 
bring them up in such manner as the Commissioners shall 
appoint, and the Charges thereof to be boi-n by the publick 
Stock of the Province; and if none be established, then by 
a Tax to be levied l)v Twelve Men of tlie Neighbourhood, 
with the consent of the Commissioners, or the main Part 
of them. 

Chapter XXX. 

lu C'ase when any I*ersoii or Persons kill or destroy 
themselv^es, or he kilb^l by any other tliino'. 
It is agreed if any Man or Woman shall wilfully put 
hand and kill him or hei'self, the Estate of such Person or 
Persons, is not to be forfeited, but the Kiiulred, Heirs or 
such otliei" as of Ilight the Estate belongs to, may enjoy 
the same : Or if any I^east or Ship, I'oat or other Thing, 
should occasion the Death of any Person or Persons, never- 
theless the said Beast, Slii|), Boat, or other Thing is not to 
be forfeited, but those to whom they belong nuiy enjoy the 
same. Pkovidkd ai,ways, that the said Peast did not wil- 
fully kill the said Peison, oi- hath been known to attem])t 
or addicted to Mischief, or hath been found to liui-t or kill 
any Person ; then the said Beast is to be killed. 

Chapter XXXI. 
Aj.l such Person oi- Persons as shall be upon Tiyal found 
guilty of Murder, or Treason, the Sentence and Way of 



1677] WEST JERSEY CONCESSIONS. 263 

Execution tliei'eof, is left to the (ireneral Assembly to deter- 
mine as they in the Wisdom of the Lord shall jndge meet 
and and expedient. 

The General Asseiiildy and tlieir Power. 

Chapter XXXII. 
That so soon as Divisions or Tribes, or othci' such like 
Distinctions are made ; that then the Ldiabitants, Free- 
holders, and Proprietors, Resident upon the said Province, 
or sevei'al and respective Tribes, or Divisions or Distinc- 
tions aforesaid, do Yearly and every Year meet on the^frst 
Day of October, or the eight Month, and choose one Pro- 
])rietor or Freeholder for each respective Propriety in the 
said Province, (the said Province being to be divided into 
one Hundred. Proprieties) to be Deputies, Trustees, or 
Representatives for the Benefit, Service and Behoof of the 
People of the said Province : Which Body of Deputies, 
Trustees or Representatives, consisting of one Hundred 
Persons, chosen as aforesaid, shall be the General, Free and 
Supream Assembly of the said Province for the Year 
ensuinw and no longer. And in Case any Member of the 
said Assembl}^ during the said Year, shall decease or other- 
wise be rendered incapable of that Service, that then the 
Inhabitants of the said Pi-opriety, shall elect a new Mem- 
ber to serve in his Room for the remainder of the said 
Year. 

Chapter XXXIII. 

And to the end the respective Meml^ers of the 
Yearly Assembly to be chosen may be regu- 
larly and impartially elected. 

That no Person or Persons who shall give, bestow or 
promise directly or indirectly to the said Parties electing, 
any Meat, Drink, Money or Money's worth, for procure- 
ment of their Choice and Consent, shall be capable of be^ng 
elected a Member of the said Assembly. And if any Per- 
son or Persons, shall be at any Time corruptly elected, and 



2fi4 N'F.W .IRRSEV ("OI.OMAI. Ixx IMENTS. [1677 

sufficient I'mof tliereof made to tlie said free Assembly, 
such J'erson iti* J^ersoiis so* electing; or elected, shall be 
reckoned incai)al)le to choose or sit in the said Assembly^ 
or execute any other publick Office of Trust within the 
said Province, for the s])ace of se\en Yeai's thence next 
ensuing. And also that all such Elections as aforesaid, be 
not determined l)v the common and confused way of cry's 
and voices, but by putting Ualls into Balloting Boxes, to 
be provided for that Purpose, for the Prevention of all 
Partiality, and whereby every Man may freely choose 
accoi'ding to his own Judgment, and honest Intention. 

Chapter XXXTV. 
To appoint theii- own times of Meeting, and to adjoui-n 
their Sessions fnjm Time to Time (within the said Yearj 
to such Times and Places as they shall tliink lit and con- 
venient, as also to assertain the Number of their Quorum, 
provide<l such Numbers be not less than one half of the 
whole, in whom (or more) shall be the full Power of the 
General Assembly ; and that the Votes of tM'o thirds of 
the said Quorum, oi" more of them if assembled together 
as aforesaid, sliull be (letei-minativi- in all Cases whatsoever 
coming in (jue>tion befoi^e them, consonant and confor- 
mable to these Concessions and Pundauientals. 

Chapter XXXV. 
That the said Pi'oi)i-ietors and 1- rceholdei-s at their choice 
of Persons to serve them in the (leneral and free Assembly 
of the Province, give their respective Deputies or Trustees 
their Instructions at large, to represent their Grievances, 
or for the improvement of the Province: And that the 
Persons chosen, do by Indenture under Hand and Seal, 
covenant and oblige tiiemseives to Act nothing in that 
Capacity but what shall tend to the tit Service and Behoof 
of those that send and em])loy them ; and that in case of 
failer of Trust, or breach of Covenant, that they be ques- 
tioned upon conij)laint made, in that or the next Assembly, 
by any of their respective Electors. 



IfiTT] WEST .lERSF.Y CONCESSIONS. 265 

And that each Member of the Assembly chosen as afore- 
said, be allowed one Shilling pet- Day, during the Time of 
the sitting of the Assembly, that thereby he may be known 
to be the Servant of the People : Which allowance of out 
Shilling per Day, is to be paid him by the Inhabitants of 
the Propriety or Division that shall elect him. 

Chapter XXXYI. 
That in every General free Assembly, every respective 
Member hath liberty of Speech ; that no Men be inter- 
rupted when speaking ; that all Questions be stated with 
Deliberation and Liberty for amendments ; that it be put 
by the Chairman, by them to be chosen, and determined 
by plurality of Votes. Also that every Member has Power 
of entering his Protest and reasons of Protestations. And 
that if any Member of such Assembly shall require to have 
the Persons Names Registered, according to their Yea's 
and No'S, that it be accordingly done : And that after 
Debates are past, and the question agreed upon, the Doors 
of the House be set open, and the People have Liberty to 
come in to hear and be AVitnesses of the Votes, and the 
Inclinations of the Persons voting. 

Chapter XXXVII. 
And that the said Assembly do elect, constitute and 
appoint Ten honest and able Men, to be Commissioners of 
State, for managing and carrying on the AflPairs of the said 
Province, according to the Law therein established, during 
the adjournments and desolutions of the said General free 
Assembly, for the Concervation and Tranquility of the 
same. 

Chapter XXXVIII. 

That it shall be lawful for any Person or Persons during 
the Session of any General free Assembly in that Province, 
to Address, Remonstrate or Declare any Suffering, Danger 
or Grievance, or to propose, tender or request any Privi- 
lege, Prolit, or Advantage to the said Province, they not 
exceeding the JSTumber of one Hundred Persons. 



2fi6 XFW .TKKj^KV for.OXIAT. rKMTNfFN'TS. [1077 

(•li.iptiT XXXIX. 
To EiKict and make all such i.aw.-s. Acts and Constitu- 
tions as shall he necessary for the well Government of thu 
said Pro\ince, (and them to r('[)eali ])rovi(led that the same 
be, as near as may he comenicntly, auiveable to the primi- 
tive, antient and Fnudamental Laws of the Nation of /s'//.v- 
l((nd. Provided also, that they he not against any of 
tliese our Concessions and I'undamentals ht-fore or hereaftei" 
mention('(l. 

Chapter XL. 

15v Act as aforesaid, t(j constitute all Courts, togetlier 
with the Limits, Powers, and .lurisdictions of the same, 
(consonant to these Concessions) as also the several Judges, 
Officer and Xuml)er of Officers belonging to each Court, 
to Continue such time as they shall see meet, not exceeding- 
one Year or two at the most, with theii- res])ective Sallaries, 
Fees and Per<|uisites, and their appellations, witli the Pen- 
alties that shall be inflicted upon them, for the Breach of 
their several and respective Duties and Trusts. And that 
no Person or Persons whatsoever, Inhabitants of the said 
Province, shall sustain or bear two Offices in the said 
Pi-o\inc(\ at one and at the same Time. 

Chapter XLL 

I'll A I all the Justices and ConstabU-s be clu).>en by the 
Peo])le and all Commissioners of the publick Seals, Treas- 
uries, and Chief Justices, End)assadors, and Collectors be 
chosen liv the (Jeneral Free Assembly. 

Chapter XLll. 

TuAT the Connnissionei's of the Treasui-y of the said 
Province, bring in their Account at the end of their Year, 
unto the (ieneral Free Assembly, there to be seen and 
adjusted ; and that every resi)ective Member, carry a Copy 
thereof, unto that Hundred or Pro])riety he serves, for to 
be Registered in the Capital puljlick Court of that Pro- 
priety. 



16TT] WEST JERSEY CONCESSIONS. 26T 

Chapter XLIII. 
By Act as aforesaid, to lay equal Taxes and Assessments, 
and ecjnallv to raise Money's or Goods, npon all Lands or 
Persons, within the several Proprieties, Precincts, Hun- 
dreds, Tribes, or whatsoever other Divisions shall hereafter 
be made and established in the said Province, as oft as 
necessity shall require, and in such manner as to them shall 
seem most equal and easy to the Inhabitants, in order to 
the better supporting of the publick Charge of the said 
Government, as also for the ]nTblick P)enefit and Advantage 
of the said People and Province. 

Chapter XLIV. 
By Act as aforesaid, to subdivide the said Province into 
Hundreds, Proprieties, or such other Divisions, and Dis- 
tinctions, as they shall think fit ; and the said Divisions, to 
distinguish by such ]S"ames as shall be thought good ; as 
also'within the said Province, to direct and appoint Places, 
for such and so many Towns, Cities, Ports, Harbours, 
Creeks, and other Places, for the convenient loading and 
unloaden of Goods and Merchandize, out of the Ships, 
Boats and other Vessels, as shall be expedient, with such 
Jurisdictions, Privileges and Franchises, to such Cities, 
Ports, Harbours, Creeks, or other Places, as they shall 
Judge most conducing to the general good of the said 
Province, and People thereof ; and to erect, raise and 
build within the said Province, or any Part thereof, such 
and so many Market Towns, and Yillages, and also appoint 
such and so many Markets, and Fairs, and in such Place 
and Places as they shall see meet, from Time to Time, as 
the Grant made and assigned unto the said Proprietors will 
permit and admit. 

IN Testimony and Witness of our consent to and ajjir- 
mation of these present Laios, Concessions and Agreements, 
We the Proprietors, Freeholders, and Inhabitants of the 
said Province of West New-Jersey, vjhose Names are 
under written^ ham to the same voluntarily and freely set 



'jt;?^ 



NKW JKRSEY COl.oMAI. l)c>< TMKNT: 



[1677 



our Ilantl-^. dated ffiis tldrd Day of tlw Jlonth romnimdy 
called March, hi tlie Year of our Lord Oiif Tliousand six 
Hundred and Seventy six.* 



/:. Iti/li/iKje, 
Richard Smithy 
' Hldvmrd Nethorp, 
John Penford^ 
Darnel H'/Z/.v, 
Thohidix <tUict\ 
Thomas Iii(di/a7'd, 
William Biddle, 
Rohert Stari/, 
t/ohri tdrrnKjtdn, 
William Iloydan, 
Richard 3feu\ 
Percivall Toade^ 
Mahlon Stacy, 
Thwnas Budd^ 
Samuel Jen inn.s, 
John Lainhert, 
WiUiani Heulinyn, 
George Deacon, 
John Thonijji<(/n,j- 
Edward Bradway, 
Richard Guy, 
Ja/nea JVavill. 
William Cantw>:^lL 
FoKj^e Ont^tnnt, 
Maclajyd Baron^ 
Caap. llerinau, 
Turrxt' l*le.se, 
Robert KeudAe, U 
John Cornelise, 
Garret Van Jumne, 
Willi a in Gill John .son, 



Gav^en Laurie, 
William Penn, 
William t'mUy, 
Joshua Wriyht, 
NicholoH Lucaa, 
William Ldaiy, 
William Reachee, 
Hi<ihard Mathewa, 
John llaracis^ 
Francis Colli n-s, 
William Kent, 
Benjamin aScoH,' 
Thomas Lanthert, 
Thomas Hooton., 
Henry Stacy, 
Aert. Jansen, 
John Surege, 
Thom<xs Smith, 
James Pearce, 
Edward Weh, 
John l*ledger. 
Richard WillJi'insou , 
Chrtstojfher San ders, 
Reneare Vanhurst, 
William Johiisim, 
Charles Bagley, 
Samuel Wad*', 
Thomas Woodrofe, 
J (din Sinith, 
Thomas Peirce, 
William Warner, 
Joseph Warne, 



1 1676-7. Eu. 



1677] 



WEST JERSEY CONCESSIONS. 



269 



Michael Lackerotim^ 
Markas Algus, 
Evert Aldruiks^ 
Hendrick Evemort,, 
Jillis Tomeseri,, 
Clems Jauson, 
Richard Warsan. 
Christopher White ^ 
Paxil Doeguet^ 
John Maddocks. 
John Fo'rrist, 
James Vicary, 
William Rv msey, 
Richard Rohison, 
Marie Reeve^ — 
"- Thomas Watson , 
'^SamAiel Nicholson , 
Daniel Smith, 
Richard Daniel, 
William Penton, 
WilUani Daniel, 
Robert Zone, - 
Walter Peiterson, v 
Anthony Page, 
A ndrew Bartleson , 
Woolley Woollhon, 
Anthony Dlchson, / 
John Denna, 
Thomas Benson, 
John Paine, 
Rich ard Buffi n gto n . 
Samuel Lord, 
Barnard Decenii<h . 
Thomas Stokes, 
ThAymas Erench, 
Isaac Mari'iot, 
John Butchiu\ 



Isaac Srrtart, 
Andrevj Thonvpson, ^ 
Thomas Kent, 
Henry Jenings^ 
Henry Stuhhens, 
William Willis, 
George Haselvioodf 
Rodger Pedrick., 
William Hughes, 
Ahraharn Vanhighst, 
Hipolitas Lefever, 
William Wilkinson , 
A ridrein Shennock^ 
Pause Cornelicnts, 
Samuel Hedge, 
William, Master, 
John GruM), 
John Worlidge, 
E. Meyor, 
Thomas Barton, 
Robert Pouiel, 
Th omas Harding. 
Mathew Allen, 
R. Bight, 
~Godfrey Hancock, 
John Petty, 
A brahani Ilewlings, 
John NeAcbold, 
Jo] in White, 
John, Roberts, 
John Wood, " 
John Gosling, 
Thomas Revel, 
FAiazer Eentvn, 
Samuel Oldalr, 
William Black, 
A /ithony WoodhouKi^, 



270 NEW JERSEY COLONIAL DOCUMENTS. [1^77 

Geo. Hvtchinf<on, Daniel Le<df<, 

Thomafi Gardnrr^ Jnhn PdiiconKt^ / 

.full II Barton, WiU'tdiii /jisiriilJ^ 

Jdliii P(i'nn\ John Snoirdm^ 

liiihiird Feniiiio/Y, Gruna Jacohson^ 
TlioiiKi-s Schooli //, 



LetiaT from Governor Andros to C<ipt<ini BiJhqt^ Conr 
III miller at J\"i'ivcaf<t/> . 

[Froiii ■' Xfw YorU ("<>l(>iii;il Ilocuinenls." A'ol. XII,. p. rie4.) 

A Lcttei- to Capt. Billop ('oimnaiidei' at Delaware 
Cap'J'. I)1I,i,(»i> I K.iinii-t. \ 

I lieMre of a Fly boat the Martha of Hull aiTivrd in the 
River with Passengers for New Jersey (having omniittefl) 
yon are I mediately to send by expresse an acco* of all trans- 
actions and things relateing to her since her arrivall, and of 
goods to Cheife Ct)llecto'" of every Permit is or shall be 
given, ha\ing in regard of the time a yeart" consented 
Passengers A: their landing, s(» they settle under y'' Dnke 
on the AVcst side, or if the east side nndei- the Comniis- 
sioners upon the tl'ormer Sliip]) ("omcing authorized liere 
also under his \X,'s^'^ llignesse and ha\ ing heard Complaints, 
you are also to oivler M' Ilernuin Clarke of the Customes 
to draw out and send an exact aeeo' of all and every permitt 
or other transacon fees, gifts oi' other moneys or effects, 
given demanded or received l)y him or yo'selfe from Capt. 
Marlowsship ^ Passengers Kxamiiicd A: attested byyo''selfe 
and send the same l)y the ;d)o\e expresse, without delay 
to Cheife Collector here, i>f all wliich I ])ray fnyle not. 

I am ^u'- 

\\. Anhkos. S. 



1677] GOT. ANDROS TO W. .rfcRSEY COMMIPSIONEES. 271 



Letter froin (Tovernor Atuliuhs to tU< ConnniUfiionprH for 
irr.y/ J<'ri^<'i/. 

[From "New Yorli Colonial Documents," Vol. XII. ji. 585.J 

A Letter to Joseph Ilelinsly, John Pen ford, Benjamin 

Scott <fec Commissioners for Xew West Jersey. 
Friends 

1 have received vonrs of the IS"' instiu answer to wliich 
I have againe writt to tlie Coinrnander & Othcers at Dela- 
ware that any of yo" have free liberty to land >k settle on 
j*^ west side as well as the east (as others) under his Ry" 
Hignesse & shall not this yeare dispose off but be willing 
to accommodate you with thtt Proporcons of Land, in my 
power on the West side, but cannot I think so much as you 
menccon, Severall having made application a great while 
<k particularly towards the Falls vfc for islands, & doe daily, 
but delayed by reason of the Indian troubles, also haveing 
heard of a ffiy boat the Martha of Hull arrived with Pas- 
sengers, have by reason of the late season of the yeare 
consented and given directions to the Commander and 
Chief e (Uistomes there that they be permitted to land 
themselves i^c goods, but if on the east then under yonv 
authority And that the (■(jinmander and Custome Othcers 
in y'' River shew them all Just flavour <fc not rigorously 
exact ffor Entryes or perinitts, but })ut as many i^- neces- 
sary as they can together in one Permitt, if not all, the 
Planters, but if March*'* to be distinct, which I doubt not 
will be observed or upon complaint or notice shall take 
further order to the just satisfaecon of any agrieved. 

This is further to give you notice that I have received 
leave from his Poj*" Highnesse to goe home this Winter 
so as to returne in y® Si)ring, vV. that upon advice of the 
(piiett good state of all parts of the Govei'm*^ I have 
resolved going, which I intend God willing in a ship now 



272 NEW JERSEY COLONIAL DOCUMENTS. [1677 

here, a loading for London, And hope may bee ready this 
month, Leaving orders for all things in the (roverm' every 
where to remaine as now settled T am 

Yo*^ ffriend to serve yon 

E. A NOR OS 

New "^'ork Octo'' IT U'iTT 



Ojfyinion of Certain Engl-ish LaioyerH on fhf^ PaUnt of 
Governor JV? colls for Elizahethtoum . 

IFrom N. T. Col. MSS., in Secretary of State's Office. Albany, Vol. XXIV,. p. l.] 

Connceirs Opinions conceniinir Coll Nicolls' Pattent 
.•ind Indian Purchases." 

The land called N York and other i>art6 in America 
now called N East Jersey was first discovered hy Sebastian 
(^obbitt, a subject of England in King Ilenery the 7"'" time 
a bont ISd years since and afterwards further by Sr. Walter 
Raleigh in ye reign of King James and also by the Lord 
Delaware ct began to be jjlanted in ye year 1«!14 by T>utch 
A: English the Dutch placed a Goveruonr there but upon 
complaint made by the King of England to ye States of 
Holand the sd States ])isowned ye Bisness A: Declared it 
was only a Private Undertaking of ye West India Company 
of Amsterdam so ye King of England granted a Com'son to 
Sr. Edward Layden [Ploydeni!] t(» plant these parts calling 
them new Albion <fc ye Dutch submitted themselves to ye 
English Government but in King Charels ye 1"' lleign ye 
troubles in England ])reaking forth the English not mind- 
ing t<» promote these new ])l;intations becau.se of ye troubles 
ye Dutch Pretended to Establisli a (Jover. there again until 
ye year 10<lo when afterwards it was reduced under ye 
English GoNernment ^V included cV Ratityed in ye pea(!e 
made between England iV Holland then it was (Granted to 
ye Duke of York KKU who ye same year Granted it to ye 
Ld Barcklay v.V Ld George Cai-trett and .Notice thereof in 

1 T'liiitcil ill Kli>:ib<'tht<«wii Bill in Cliancery. p. «0, an of dat# 1677. En. 



1677] OPINION ON ELIZABETHTOWN GKANT. 273 

America Sevrall Persons took grants of Lands from Coll. 
Nicolls ye Duke's Gover. Severall of ye Planters have 
purchased of ye Indians but Pefuse to pay any acknowledg- 
ment to ye King's Grantees. 

Q. J-' Wither ye grants made by Coll. Nicolls are good 
agst the assigns of ye Ld Berckly & Ld George Cartrett 

Q 2°^ Wither the grant from ye Indians be sufhcient 
to any planter without a grant from ye King or his 
Assignes 

Ans 1** To ye first Question the authority by which 
Coll. Nicolls acted Determined by ye Duke's Grant to ye 
Ld Berckley ct Ld George Cartrett & all Grants made by 
him afterwards (though according to ye Comission) are 
void for ye Delegated power w** Coll Nicolls had of mak- 
ing grants of ye Land could Last no Longer than his Maj* 
Intrest wdio gave him yt Power & ye having or not having 
IS^otice of ye Duke's Grant to ye Lord Berkeley & S'^ 
George Cartret makes no Difference in ye Law but ye want 
of x^otice makes it gi-eat Equity yt ye Present Proprietr 
should Confirm Such Grants to ye People who will submit 
to 3'e Conssions and Payments of the Present Projjrietors 
Quitt rents otherwise they may look upon them as Des- 
seizors and treat them as such. 

Anser to the 2** Question by ye I^aw of Nations if any 
People make Discover}- of any Contry of Barbarians the 
Prince of yt People who makes ye Discovery hath ye 
Tiight of ye Soyle and Goverment of ye Place & no j)eople 
can plant there without ye consent of ye Prince or of sucli 
Persons to whom the right is Devoulved and Conveyed the 
practice of all Plantations has been according to this & no 
people has been suffered to take ye Land but by ye Consent 
and Lycence of ye Gov'" or Proprietors under ye Prince's 
tytle whose people made ye first Discovery & upon their 
Submission to ye Law of ye Place and Contribution to ye 
Publick charges of the place & ye Payment of such Rent & 
other value for ye soile as ye Proprietor for ye time being 
Kequire and tho' it hath l)een and still is ye LTsual Practice 



274 NKW .IKF^>-EY ((if.riMAI. n< •« rMF:NTP. [1677 

of all Proprief" to i^ivo their hi<liaiis some Ileeon»j)ence 
for their Lands ct so seems to Purchase it of them it is not 
(lone for want of sufficient title from ye King or Prince 
who hath ye Right of Discovery but out of Prudence Sz 
C^hrystian Charity least otherwise the Indians might have 
Destroyed ye first Planters (m'Iio are Usually too few to 
Defend themselves) or Refuse all ("oinmerce and Conver- 
sation w*'' ye Planters <k thereby all hopes of converting 
them to ye Christian Faith would be Lost In this ye Com- 
mon Law of England and ye ('i\il Law doth agree iV if 
any Planter be Refractoi-y i\: will Insist on his Lulian 
Purchase and not submit to this Law of Plantations ye 
Proprief'^ who have ye Title Lnder ye Prince may den}' 
them ye ]3enefit of ye Law i^^- Prohibitt Commerce Avith 
them as Opposers & Enemies tu ye Puldick i*eace. J^e- 
sides 'tis Cservable yt no man can goe from Kngland to 
plant in an English Plantation without Leave from ye 
Govermt Sz theref(.»re in all l*attents 6c (4 rants of Planta- 
tions fi'om ye King a l^articular Lycence to carry over 
Planters is incerted w'*' Power in ]*i-ohibitting is now in ye 
Pi'opriet" as ye King\s Assigns and therefore tho some 
Planters have purchased from ye Lidians yett having done 
soe without ye Consent of ve l^ropricf for ye time being 
ye title is good against ye Indians but not against the 
Propriat'-'' without a Confii-mation from tliem u])on the 
Usuall terms of other Plantations 

Wii-LiAM Leck John IIovi-k Rim" Wallop 

W*' Williams Jo: IIolt Hen: Pollexssen 

Jo: HoLLES W" Thompson 

A true copy 

Cawen Lawrie Robt West. 



[From "New York Colonial Dncnmciits." Vol. XIL. p. 5!>'.'.| 

Depositions of Edmond Caiitwell, Justice Fop Our- 
boiit, Michael Baton and Revnier Van Tli . 



16TS] DEPOSITIONS RESPECTING FENWICKE. 275 

in a court held at New Castle, relative to tlie 
conduct of John Fenwicke at a meeting held 
on the east side of the Delaware River. 

Att a Court held in New Castle 9"' day of May [1078] 

Edmond Cantwell declared in K: Salem 

(alias) Swaniptowne, of Aprill 1678 ; where MajoV John 
Fenwike ordered a meeting of y^ east syde of This River, 
hee the s*^' Fenwike did then apoint suitable oftieers viz' 
Samuell Hedge Snrveyo'' Gener", James Novell to bee 
secretary, Samuell Winder Registe"", and declared that hee 
would nominate and appoint other officers att his Leasure 
and caused his s*^ Secretary to read severall papers, as his 
Mag"?* Pattent to his Roy" highnesse, and his Roy" high- 
nesse to y'' Lord Berckley, and a Coppy (as he said) of y*" 
Lord Berckleys, to him the s'' ft'enwicke w'^ severall other 
papers w"''^ y® attestant did not mindc, and after y" Reading 
of all these papers hee the s'' ffenwike, demanded in his 
mag"^ name the Suppreority and the submission of y® 
People there as his Right and propriety, after his demand 
he brought a Paper upon the Table in the forme of an 
oath or some such thing, w*^^'' severall of his People or 
officers sighned, after they had don, I tould him that the 
most parte of the People that was there, did not know 
what was read, hee answered mee that they could know 
well a noff to take away his Land, I alsoe tould him that 
there was a small Levy Laid by the Co'!' upon y'' People on 
that syde he said y** Co'.'' had no power to Lay no Levy on 
that syde 6z said whoe soever did pay any Levy should for- 
feit their Lands A: priviledges. I asked him if hee would 
beare them out & hold them harmlesse hee said hee Avould 
give them his hand to answer itt before the . . . and 
sayed that the People should stand on their owne defence 
if any boddy came to demand it, and alsoe did forbid Fop 
Outhout not to act any thing in behalfe of y'^ Co'.' of New 
Castle upon the foi-fciture of Ids Estate. I told him y* his 
bono'' y*' Governo'' had Commissionated him the s** M!" Out- 



276 \KW .IKKSKY COI.^tMAr, DOCUMENTR. [167S 

hoiit, and was still jileased for r<» Continue liini, hee said 
tlie (Tovcrno'' had notliiiii; to doe on that Syde, ai)d that hee 
meaning liiniselfe M'as Subject to no man but God and tlie 
King, hee alsoe said tliat hee would doc imr act iu.>thiiig 
w'^ out the advyse of his Counsill w'*' hee would nomiinitc 
verrv suddeidy. w"' sevei'nll more Speeches w'*' y'' attestant 
doth not now KeniemlnT. 

Justice fop Outhout declares to have been p'V.ent w'*' 
('a]>t. ( "antwell and to have heard In Su])stance, the same 
that is hereabove declai-ed by the s'' ('ap! ('antwell : 

JVf Machiell ]'atou ami Reynier van the 

Sworne In CoV declare in Sul>stance to have heard y'' same 
as hereabove by Cap' (antwell is declared. 

-lohannes Vix 

in ( 'o" declaivs 

one (rillis Ci ' 

River, Sonu' 

of A])ril Last ]»ast .... Major John Fenwicke came 
to tbe house iV: demanded why y'' depoiumt iV; y'' rest y' 
were tliei'c did not come att New Salem as others did to 
acknowledge him (meaneing himselfe to bee Loi'd Sz pro- 
prietor of y'' jdace) I pon which the)' answered him saying 
how they could owne him, so Long as they ]>aid Levy to 
witt 12.T gilders p!" head att ?sew Castle Co"'.'^ — AV^hereu])f»n 
hee the s'! tenwike Replyed saying that all those who(> paid 
y'^' same should never Injoy a foot of Laiul on tlie Lastern 
Sliore. and further sayeth Tiot. 

These afore staiubng Testimonys ai'c 'line. ('o])j)ies out 
of y*' Records K.xam: p': Ki-u 1Iekm.\.\. 

% 
I^iuicJd iiiiifioii of JiiJni I'< II iricj,) to Cjii i mil ni.s iij I.iiiiil. 
(From Johnson's " Historical .\(;connt of the First Settlement of Salem, ' p. 2^. | 

The Sinnnions foi- persons to enter tlieii' cdninis 
within a montb. 

jS'(». C.KS. .v-v. 

1>\' Joliii fctiwick. Esq.. T>ord or chief jwoprietor of 



IfiTS] PKtXl.AAlATloX OF .lOll.N KKNWK'KK. 277 

the said pruviiiee, and in pai'ticular of Fen- 
wick's colony, witliiu the same. 
Whereas there are divers aiul sundry persons, both Diitcli 
and French, as well as En_ii;h's]i, who have presinned upon 
none or very slender ])retences to claim an interest unto 
several tracts, pieces and parcels of land, lying within my 
said colony, withont applying; themselves unto me, and 
producing any lawful authority to warrant their doings 
thei'ein ; and to secure them who have entered upon, cut 
down the woods, and settled themselves upon their sup- 
posed plantations, either as their tenants or purchasers, all 
which tends to the breach of the king's peace within the 
said colony, besides the obstj-ucting of the settlement thei-e- 
of, contrary to his majesty's letters patent, beai'ing date the 
twelfth day of March, in the sixteenth year of his reign. 
The grant from James Duke of Yorke, bearing date* the 
four-and-twentieth day of June, in tlie said sixteenth year 
of his said majesty's reign, made unto John Lord Berkeley 
and Sir George Carteret, knight and baronet, jointly. 
And the said Lord Berkeley's deed, made unto me, of his 
whole moiety and half part, bearing date the eighteenth 
day of tlie First month, commonly called March, in the 
year one thousand six hundred seventy-and-tliree, and 
enrolled in the high court of chancery within the kingdom 
of England, and hath been produced to Major Edmund 
Andi-oss, the Governor of New York, and his council, for 
theii- pi-eventing of future trouble, and the furtherance of 
the settling of the said moiety, half ])art and colony, by me, 
and all and every tlie purchasers who lawfully claim under 
me. These are therefore to will and require all and every 
such person and persons above mentioned, and in his 
nuijesty's name, straightly to charge and conunand them, 
and every of them, to come aiul appear before me, and to 
bring every paper, order and warrant, Avhicli they have to 
show for their pretended titles, to the end they may be 
enrolled in a book for that purpose provided, and there- 
upon a day appointed foi- their several appearance before 



278 np:w .ieijskv coi.omai. hoci-mknts. [16TS 

me and my eoiiiifil, in order to a final determination of 
eacli man's ])arti('ular interest, aeeoi'ding to the law of Eng- 
land, and tlie said late lords proprietors' concessions estab- 
lished in order thei'ennto within the said province, in ])iir- 
suanee of the said letters pattent and several grants afore- 
said ; so that I, and them the said ])ersons with all that 
claim under me, may not only receive satisfaction, but also 
that my said colony, and all the planters within the same, 
may be settled in the love of God by the laws of the king 
of England, and in that ])eacc which becomes all our great 
professions of being chi-istians, and declaratic^ns. oaths and 
subscrii)tions of our beai'lnir true allegiance unto the kint; 
of England, his heirs and successors; and to all and e\erv 
person and ])er£ons that are concei'ned as afoi'esaid, and not 
to fail, ujxMi iu)tice hereof, forthwith to a])])ear accordingly, 
so 'as within one month aftei- the date hereof, the business 
may be settled, and tliey no ways to suffer thi'ough their 
contempt. 

Given undei" my hand and seal, at New Salem this six- 
teenth day of the Third month, commonly called May, in 
the year, according to the English account, one thousand 
six hundred seventy and eight, and in the thirtieth year of 
the reign of Kin<i' Charles the Second oi England, ^Vrc. 



(h'ih r of (\niiicil A(jtiinsl JaJin l'( iin'iclr. 

[From ■• Xew Voik ("oloiiial Docuinonts, " Vol. XII., p. ,"ii)-I.| 

Ordei- for tlie Suspension of certain " ultemtions " 
begun to ])e made by Major Jolin Fenwioke 
on the Kast side of Delaware Ri\er and 
that be cease acting there undei' his pretended 

autlioritv. 

At a Conn cell May : 22'' 1(578 
Tpon the licceit of Letf^ from y'^ Magistrates of the 
Towne of New Castle in Delaware about the alterac'ons 
begun to bee made b}' Major John Fenwick on the East of 



1678] ORDKK AOAINST FENWICKK. 279 

the Ki\'er where Contrary to his Engageiu^ and Parole he 
hath acted by assuming a pretended power to himselfe, 
The same being taken into Consideracon, to prevent any 
Mischiefe tliat may hap]H^n npon tliat Aee\ 

Its Ordered that a Messenger bee forth with sent expresse 
to the Commander ct Justices att New Castle in Delaware 
who are to give notice to the s*^ Majo'' Fenwjck, that 
according to his Parole bee forbeare, tlie Assuming any 
powei" of Governnm* to himselfe, on the Eastside of Dela- 
ware River, or any where else in those parts, unlesse he 
produce more Authentick power out of Eng'.'' then liee 
hath yett done, which ought first to bee made knowne to 
y*' GovernoV in this place and in Case of Refusall, The said 
Commander & Justice are hereby required to order him to 
Come to l^ew Yorke within the space of 28 days to make 
answer to what shall be6 alleadged ag^.*^ him on that behalfe 
and for breach of his Parole which if he deny to do that 
then the s*^ Commander A: Magistrates doe use force to 
Secure his person and send him hither without delay. 

By order of Councell M. N. Sec— 



Lettei' from, Seci-etary NkoUs to the Court at Newcastle. 

[From ''Xew York Colonial Doouiiieiits," \'ol. XII., p. 595.] 

lExtrad:\ 

Gent. Yo';' of the 9"^ inst. arrived here the beginning 
of the weeke, which having not the hap to find the Go: 
returned, was communicated to the Councell : — Vpon Con- 
sideracon of t!ie new alteracons made by MajoV Jolm 
Fenwyck on the East side of the River, & perusall of the 
Testimonyes & Informacons given concerning the same, 
They have thought good to make the inclosed order, wliich 
they desire you will doe yo- part to see it put in execucon, 
if occasion, but with as little mischeifc as may bee, Cap' 

Billo[) is written to likewise concerning it 

Gent. Yr Most liumble Serv!^ 
By order of the Councell. M. N. Seer. 

May 25—1678 



280 Xi:W JKRSKY COI.ONIAI. DociArKNTS. [lf)78 



MinuU of Council^ 'm Relation to John Fcnir'n-k/u <yn the 

Delanud't'. 

I Kioiu '' New \()rk Colonial DDciiniontH, " Vol. XII., p. .i»7.1 

At a Councell k(t June 18: IflTS 
The matter of the Letters Ilec^ from Dehiware mai;is- 
trates at New Castle and the Commander concerning Ma jo"" 
Fenwyck &c. Tlie former orders being taken into consid- 
eracon and tlie positive dii-cctions sent, thi' which they 
neglected, 

The Conncell doth not think litt to Alter any thing of 
their former orders being litt, but leave them to answer 
their Keglect to the Go: who is daily expected & all the 
prejudice or raischiefe that may happen thereby, to lye at 
their doors. 



Letter from the Council to the JLo/Lst/'tites, and Proeeed- 
ings of the Coininander and Justices, at JVewcastle, 
'in FCelation to the Matter of John FenwicJce. 

[From ''New Vork Colonial IJocumeuts," Vol. XII., p. 598-60i2.J 

Gent. 

Yo'" of the 5'.'' by the returne of the expresse A: sent to 
you by the Councell arrived here y*^ beginning of the weeke, 
bnt yo"' answer seems very little satisfactory to any particu- 
lar they writte a])out ; as to the Order sent cr)ncerning 
Majo'' Fenwyck the ('ouncell then did thinke, vV upon 
serious pei-usall of the same againe doe find that it was 
absolute and full, It expressing That in case of his Ilefusall 
to act in assuming a power of Govern'"^ tohimselfe or deny 
all to come to New Yorke U])on yo*" sumons according to 
his parole, That then the Comander & you the Magis- 
trates were to use force to secure his person 6z send him 
hither, so you needed nut any new Result to bee directed 



iHTiS] PROCEEDINGS A(;AINST FEN W K'KE. 281 

to j'selves alone (it being thought iitt to direct it to the 
Comand'' also) more absolute then the former, which the 
Councell thinke sutRcient, so shall not alter any thing 
therein, but leave you to answer yo'' Xeglect to the Go: 
who is duely expected, & all prejudice or mischiefe that 
uva.y happen thereby, to lye at yo'' doores, they having done 
their dutv. 



Att a meeting of y*^ GomandV and Justices held in the 
Towne of New' Castle July IT^'^ 1678 

The Letter from the Hono'':*' Read and the businesse of 
MajoV Fenwike taken into consideracon by the Commander 
& Justices of this Court, and Cap^ Billop signifying that 
att his Laest being over att Salum the Laest weeke, that 
then Mayo'" fenwike was willing to answer the hono''^^^ 
Conncills order at New Yorke, and that hee will surrender 
himselfe att New Yorke according to his Parole, Resolved 
and ordered by the Commander Joyntly w**^ the Court that 
Mayo'' fenwike in case hee will give under liis hand by a 
Letter to y® Counsill that hee will not act by assuming any 
power of Governm' to himselfe on that syde of the River 
or any where Else, and y* hee w^^in the space of Twenty 
dayes premisses to make his p'"sonall appearance att New 
Yorke according to his Parole — that then hee bee Left 
there but in case of Refusall and that he doth not send a 
satisfactory answer. That then the s*^ Commander together 
w"' y® high Sherrife Presse and take w"^ them so many of 
the Militia as they think fitt and w"^^ tiiem Seize the s*^ fen- 
wiks p''son and send hime to New Yorke w"'out delay 
according to the order of the hono''^'® Counsil — 

A true copy out of the Records Exam: p' 

Epe: Herman' Cli' 



Folio weth the Letter sent to May'' Fenwike 
Mayo'' Fenwicke 

S"" Cap^ Billop Signifying to us that you have altered 
yo'' former Resolucon and that now 3^ou are willing to 



282 NKW .IKHSKV Cor.oNlAl. DttClMKNTS. [1»)7H 

answer tlic order from the Ikmio''''''' Connsill of New Yoi-ke, 
and that you will got' and there surrender Yo'selfe aecoi-ding 
to yo'' Pai'ole. Now tlierefore if vou will foi-heare the 
Assuming any ])oM'er of (Tovernni!^ to yo'selfe, and w"'in 
the spaee of 20 days will aj)})eare in Xew Yoi-ke and then 
surrender yo''selfe according to yo"" Parole then Signify soe 
mutch in a Letter under yo'" liand to the hono'"''''' Counsill 
in Xew Yorke, and send y*^ same Letter open to us under a 
Couert by this bearer that soe we may bee possitive of yo"^ 
Resolucon 

Kemainiiig S'' 

Yor Affectionate friends 
(was signed) Chris. Biluh' 

John Moll 
Petp:r Alkichs 

FoF OUTHOUT 

N Castle Jean Paul Jac^ikt 

July 17'" 1678 Gerkktt Otto 

Memoi-andum in answer to y^ above ^Nlago"" fenwike sent 
a Letter to y*^ Counsill, ami one to y** wryters of y*^ above, 
which both are vett in the hands of ve Commander. 



Letter from the Magisti-ales to Capt. Matthias Nicolls and 
the rest of the Council, in I'ldatioii to Major Fenwick's 
case. — 
HoNo'""'" S«-— 

Yo' Letf of y*^ 2P.' of June Laost we Ileceived Li answer 
to \v''.'' wee Reply, that the occasion of o'.' wryting alone the 
5'.'' of the same month (in w'!' to or sorrow yo'.' Tlono''" Pci)ly 
to Receive so Little Sattisfaction) was not that wee desiered 
to bee only Concerned w'l'out the Coniander, Jjut that w'.'' 
was writt then Concerning mayo'' fenwike, we had out o*" 
y*" mouth (jf the said Commander, (who mutch takes the 
part of & is a great frind to the s^ fenwike) and his not 
Signing of y^ s'! Lef : was by Reason the other particulars 
therein nienconed Conseriu^d him nott : — 13v the Liclosed 



1678] ]'KOCKEDI2SrGS AGAINST FENAVICKK. 288 

Coppies yoV Hono^ will see what Result hath ben tacken 
hy y® ComaiicU & ns since the Receipt of yo'' Hono'"'' s** 
Lett'.', and sence the Coniander & high Sherrife have 
fetched y*^ s'l fenwicke to this Towne and although itt was 
supposed to bee a more securer A: better way to send him 
by waeter i:i this Sloope, Yett the Comand'thinkes it best to 
send him b}' Land ; w'^'' hee Lykewyse hatii obligetli to doe ; 

Eono"'^''' S''^ Yo'" Hono''" most humble Subjects & Serv'.'^ 
The Co:.' of y'' Towne of New Castle 
New Castle By order of y*^ same 

July 24^'^ 1078 Eph: Hekmax Clr 



Council Minute — Major Fenwicks case. 

Att a Councell &c Aug 22—78 

Pres* M'.- Delavall Mayo'' The Go: & full Councell. 

Major John Fenwyck's Case about his Late disturbance, 
was at his Request heard this morning. Hee had Coj)yes 
before of what is layd to his charge, being the several 
Dej^osieons. Hee desires time to answer & to prepare 
witnesses on his part. Alleadges his Interest particular 
& distinct from this Govm^ so not to bee Judged or con- 
cluded by it, pretends to Appeale from the Assizes Judg- 
m!^ to y** K: & desired leave to goe home about his 
witnesses, but not allowed. 



y^ame« of' Pri'nons at Salem.) where Majjor Fenwicke Settled. 

[Flora "New York Colonial Dooiuuents," Vol. XII.. p OOd.) 

Names of persons at Salem or Swampe Towne where 
Ma jo'' Fenw^'ck satt downe. Given in by M'" Malster 
Octb'" 25"' 1678 

W" Penn W" Penton Edw"* Chamnis 

James Newell quaker Richard Guy quaker 

George Deacon quaker W" Malster 

Edw'^ Broadway quaker William Penton 



->•+ -NKW .)KK>i:^ ( <>l.<i.M.\[. Dim I MKXTS. [1678 

S;mi' IIcMli,^' '. liiclianl Guv 

John Sjiiith qiiaker Michael Baron 

Edw*^ Wade quakei- EdM-ard Broad wav 

Rich*^ Hancock i William Malster 

Micheill Baron Edward Ward 



Coiiiini.stiioii for K ilhani l*e/iton ami Othi'rti to be (Jver- 
neers at Salem, X. -/. 

I Fioui " New Vork Colfiiiial Doriiiueuts." Vol. Xll.. \^. (ilo.) 

C'oiiiinissioii ['((P W'" Peiiti^ii, Kiidiai-d (Tuy James 
Nevell tV:c. 

S'" Ednniud Andross Kiil cVc Bv N'irtiic of the .Vutlioi-ity 
derived unto niee, I doe hereby Constitute appoint and In 
hie Ma"'''* name Authorize you W" Penton, Rieh'd Guy 
James JS'evell, Edward Broadway, W"" Malster & Edw*! 
Ward to bee Overseers, Select men oi- Commissioners, on 
the West side of Xew Jersey on Delaware River att Elen- 
burgh In Verckens kill or liug<;' Creeke, commonly called 
Salem (ir Swamp Towne, A: j)ai-ts adjacent for One yeare 
or farther Order, amongst the new Comoners there and if 
any dispute or difference hapen to arise anjongst them and 
Old Inhabitants of those \^'^, that then W. Ifop Onthout, 
who liath beene an antient Inhabitant there v.^" is now one 
tlie Justices of New Castle, ha\e Notice thereof, M'ho is 
authori/.ed upon Such Occasion to bee one of the Co'' it 
being thci-e is to preside tt yon or any four (»f von, to 
keepe a Co'' as Towne or Corporacon (piai'terly or oftener 
if occasion, Xo appoint, or Authoi'i/.e one or more Con- 
stable, and to allow or Cause to bee lay'd out fitting pro- 
porcons of Land for j)'sent Improvement, many Ifitt places, 
not afore taken up and Improved, the same being Duely 
purchased & to heare and Determine, all Matt"^ not extend- 
ing to life Limb, or Meml)er, or Exceeding five pounds 




1678] ORDKR RESPECTTNCi LANDS IN. DELAWARK. 285 

above which to adniitt an Appeale to the Co'"'^ of Justices 
at I^ew Castle and accordiiio;ly to act in any Other matf as 
near as may bee but not Repugnant to the Lawes of EngP. 
Given under my hand vV Seale of tlie Province, In New 
Yorke this 26 day of Octo: in tlie 30'^ yeare of his Ma'"'' 
Keigne Anno([ne Dominie \iu>< 

Examined by mee 

.John J axon 
167S 



Order Direcfliu/ the Justices at Anvi-itMle, Del., to Protect 
the Lihahitants 07i the East Side of the River in the 
Possession of their pMnds. 

[From "Xew York Colouial Dociiinents, ' V'ot. XII., p. (IK).] 

An Order for the Justices of New Castle to take 
Care the Inhabitants on the East side of Dela- 
ware River bee not disturbed in the possession 
of theii' land. 

By The GttvKKNo'! 

Whereas I have i-ec'd Several! Compl'.^ & Peticons from 
divers of the Inhabitants of the East side of Delaware 
River that they have beeue Disturbed in the Lawfull pos- 
session of their Lands and Tenements by Majo'' Fenwick 
and others. 

These are to desire and Authorize you tlie Justices of 
the Co'".^ of New Castle to take Care that the said Inhabit- 
ants bee not Disturbed in their Possession upon any pre- 
tence Whatsoever, by the said Majo"" Fenwick or any others 
and if occasion to make mee forth w*** acquainted \n^^ the 
same Given under my hand in New Yorke this 28'^ day 
of Octto: 1678 " E. Andros 

To the Justice of the Co*".* of New Castle 



2S6 NKW .TKRSEY rOLoMAI. DOCl'MKNTS. [1^7.'^ 



J)iij)]!c(iir- of fjif Lease of Ma^hncoiK-k TxJdixl^'in Delaware 

7kiC('/\ id ft'dlx ff Sfdcl/. 
[From " Xew York Colonial Dociiineiit.s," Vol. XIT.. p. lU-t.] 

This Indenture inade the 14*^'' dav of November in tlie 
3(>"' yeave ofv*" Rai«;iie of our Soveraii^ne Lord Charles the 
Second by tlie ajraee of God, of Engl'', Seottl**, ffrance, a!id 
Irel" King, Defend"" of the iTaitli etc, Annoq Domini, 1678 
Betweene S"" Edmund Andross K% Governo'' Gen" und"" his 
Royall Ilighnesse James J)uke of Yorke & Albany etc, of 
all his Tei-ritories in America ; for and in tlie Eehalfe, of 
his said Koyall Highnesse, on the one P% and Robert 
Stacy, one of the Commission" of tlie New plantacon, in 
West NcM' Jersey in Delaware liiver, on the other P' Wit- 
nessetli tliat the said S"" Edmund Andros, for divers good 
Causes, and Consideracons him thereunto Especially move- 
ing, hatli Demised, granted, and to farme lett and by these 
p''sents doth hereby demise grant, and to tanne Lett unto 
the said lloW Stacy his Executo" Administrato'".* and 
Assignes all that Ccrtaine Island Commonly called or 
kiiowne by tlie name of Matiiiicoiik Island in delaware 
River, towards the ffalls ; together with the Iloiiseing, 
Lands, Pastures, Feedings, Meade »wcs, and Ai)])iirtenances 
to the said Island belonging or in any [way] appertaining 
now or lately in the tenure or Occupacon of Peter Jegoe and 
Ilendrick Jacobse in ])artnershi}) To hacc cf" to hold the 
said tsland as alsoc the, Housing and Appurtenances unto 
the said Rob! Stacy, his Executo? Administrato':* and 
Assiffnes from & after the first dav of .Tanuarv next untill 
the ternie of seven yeares shall be fully Compleated <fe 
Ended. Ilee the said Robertt Stacy his Executo? Admin- 
istrator or Assignes, makeing Improvein* on the said Island 
A: in-emises, and ])aying or Causeing to bee ]>aid yearely 
and every yeare thirty nnslielis of good winter Wheate, 
unto the said S'; Edmund Andros his Siiccesso''" assignes or 



1678] LEASE OF MATTNICONCK ISLAND. 287 

orde'" at Upland upon the t\j-enty fifth day of March annu- 
ally, And in Default of paymt' of the said Suine, thirty 
Days after it shall bee due that then it Shall and may bee 
Lawfull to and for the said S'' Edmund Andros, his Sue- 
cesso""* or Assignes, into the said Island, and Demised 
p'mises wholly to re-enter and the same to liave againe, 
Repossest and enjoy, this Indenture or any thing Else to 
the Contrary, in any wise Notwithstanding ; Provided 
alwayes And it is to bee understood, that at the expiracon 
of the s*! terme of the said Rob' Stacy his Executo'^^ Admin- 
istrato"".*^ or Assignes, shall Leave and goe off the s*^ Island, 
That Whatsoever Edifices, Buildings, or Improvemt' there- 
of, hee the said Rob!" Stacy his Executo'l*' Administrators or 
Assigns, have or shall cause to bee Erected, or done on the 
said Island for the Beneiitt thereof, there shall bee Such 
allowance given for the same as sliall be Adjudged by 
Indifferent persons. In testimony wliereof the Partyes 
aforemenconed to -these p^scnts have Interchangeably sett 
to their liaiids and seals in New Yorke the day and yeare 
first above written 
Sealed and Delivered Robert Stacy 

in p'enc'' of Matthias Nicolls Seer. 

E. D. Cantwell 



Petition of Thomas Olive and Other Inhabitants of JBur- 
Ungton, iV. J., in Favor of Henry Jarohs, Tenant, in 
Possession of JfatinieoneJc Island. 

[From "New York Colonial Documents," Vol. XII.. p. filS.] 

Burlington the 5*" of ye 10"' mo: 1678. 
At the request of Henry Jacobs we whose names are 
under written doe give this our testimony in his behalfe 
To the Gouernor of Yorke. The said Henry beeing ten- 
nant and in possession of the Island called Matinnaconck, 
when wee first came into this Country and behaved himselfe 
scivilly'and fairly to us in our alsoe was 



288 NEW JKRSliY COLONIAL DOC TMKNTS. [1078 

serviceable A: lielpefiil to us at the pnrcliase of tlie land of 
the Indians, where many of us are n(»w settled, being neare 
to the saide Hand of Mattinnaeoncke and since the time of 
our settling being a neare neighbour to us hath beene redy 
to assist us at any time one the account of the Indians, 
And we beeing strangers to the Country and nnaquainted 
with the Indian language have often had occation to make 
use of the aforesaide Henry amongst the Indians, whoe 
hath redily come to us from time to time to serue us and 
ansvvere our request, as occation has recjuired and is equally 
concerned with Peeter Jegoe and both tennants to the 
Governoi' for the Hand as afforesaide. And itt haveing 
soe fallen ouet of late that another hath gott a graunt of 
the afforesaide Hand, which Henry Jacobs and Peeter 
Jegoe are now in ])Ossession of, And are very unwilling to 
forgoe it beeing now in a way to Hnjd'ovc the land and to 
raise some corne upon it they l)aying there yearly rent 
according to agreement and that another sliould so come to 
sucseed that hath been receiued and Entertained as a 
stranger in time (»f necessity and by reson the men are soe 
deserted and discouraged in that they are like to bee put 
out of tlujre place wee can doe noe lesse than giue our 
testimony as aboue written. And doe not question that if 
the Gouernorr comes to understand things thrughly butt 
that bee will sett all to writes. 

Tbo: Enes • Tho: Olive Williaui Woodhons 

Anthony Allen iJauiel Wills Joshua Bore 

Robert Powell John Wolston Andrew Smith 

Siunii Lonett William Clayton "»' •'I'I't John Champion 

William lirightwen William Peachell Thomas Kendall 

Daniel Wills John Cripps Thomas Palmer 

William ( 'lay tcm ye yoiiiiKei Tho: Harding Luke Brindly 

Uobert Dunham Peter Ilerrisous John Kogei's 

William Plack William .Matlock Peter [P] Stringham 

George El kin ton (?) T.Wright his marke 

Petition to the Governor in bchalfe of Henry Jacobs of 
Mattinnicum Ishmd 
Dec. 5"' Hi 7b 



1679] PETITION FOR LAND. 289 



Petit uni from I\ rsonsfi'oiii KikjUi ml for (innift^ of Land, 

[From "New York Colonial Docnment.s,' Vol. XII., p. Gi'i.] 

Petition, .siirned l)v John Biidd and othei's for urauts 

of Land 

HoNE*'"^''- Si'' 

Wee whose names ar here viider subscribed lately come 
ffrom old England with Intent to inliabitt in this (-ontry 
And if yo'' Hono'' please to Grant vs an order vnder yo*" 
hand tuo setle between Mr. Fitter Alderridges Planta'tion 
cV: the falls of Dellowar River wee shall bee willing to 
Imbrace it & to hold it according to the custom of the 
contry being a ttitt Place for Husbandmen ; wee may haue 
land in Jersie side but we ar willing to become Tennants 
to Ills Highness the Duke of yourke, if yo'' Hono'" please 
to giue vs the grant and to deer the Indians tliat now 

to send for the Ilest of o'" ffamilys use 

thereof or u' relations which Looke fur a Returne from vs 
soe desiring yo'' answere by this barrer we shall waite for 
it before we settle ct shall Rest 

Your Humble Servants although vnknoun 

Robert Lucas Daniel Ijrinson 

John Lucas Thomas Sibly 

Samuel Cleft Robert Sibly 

Thomas Revell W" Clark 

John Akarman Sen. John Budd 

John Akarman Jun. John MitHin Sen. 

Robert Iloskins John Mittiin Jun, 

P)urlinnton June ve 23'''' 1670 



S!r JoJui II cr(/< n to the Secreturij of State,, on the Krtent of 
the A uthorltij Granted to the Vroprletor^'i of Netv Jersty. 

[From London Public Record Office, '• America and West Indies," Vol. 385.] 

The Pretension of the Proprietour's of New Jersey 
to Pay Noe Custonies, at New Yorke 



290 NEW JITRSEY COLONIAL DOCUMENTS. [1C79 

Stated 19'^ Sept^ (TOj This Is rcc-i from S^ John Werdon. 

The Dutch West India Company were possessed of a 
Lardge Tract of Land in America (called new Netherlands, 
for the Governement whereof, among otlier things, they 
Imposed a Custome of i{ji; npon Merchandises of Straingers 
or Inhahitanfs there, & collected y® Same many Yearcf. 

In. 1GG4. His Maj'^'^' Forces nnder Coll. IS'ichoIls invaded 
those Territoryes & conqnered y™ yet admitting Articles 
of Surrender (on delivery np of the iiort at New-Amster- 
dam, now called New-Yorke) wherein llie same Payments 
were consented to, & generally the Priviledges of the 
InJiahitants (then most Dutch) reserved to y'P 

Coll. Nicholls continued in Possession many Yeares as 
Govei-nour nnder His E.'! Iligh^^" (to wliom the K? by Pat- 
tent had grannted the whole Tract, with Power to make 
Laws &c. for y® Good Governem* thereof, soe as they were 
not repugnant to the Lawes of England) And after him 
Coll. Lovelace succeeded in the Governement till (1672) 
dureing all which tyme y^ si u^ Customs were duly collected 
without Interruption. 

Soone after yf }•: Duke had Passed his I'attent, He 
graunted to Sr George Carteret & U. John Berkelay, A 
Parcell of the Pi-emisses, which is since called New Jersey, 
which they enjoyed Jointly as Proprietors of the Soyle ; 
untill. (72) when by the Chance of warre. The whole Terri- 
tory fell againe into y'' hands of the Dutch. 

Whilest y'' Dutch were in Possession of it {& in warro 
w*l' England) M' Eenwicke. M^ Billing &c (most of y™ 
Quakers) agree with L'! John Berkelay for his Right to One 
Moity of New Jersey. 

Afterwards in (lG7'j) the Peace Ijeing made 'twixt Eng- 
land & Holland ; the whole Territor}"^ was restoi'cd to vs 
by virlu3 of yt Treaty, S: all men pi-esunicd to l)e in Pos- 
session againe ; in Statu quo. 

The Duke being affresh entitled from the Kings New 
Graunt to him ; in. (73) or. (74) sends over a New Gover- 
nour (S!' Ed'! Andros.. \v]]o is now there') S: a Company of 



1679] QUESTION AS TO CUSTOMS. 291 

Souldiers to repossesse the Forts & resettle the Country ; 
but in kindnesse to y™ & enconragein* to English Traders, 
Lowers (or abates) the 1^ to j^ Custoines. 

About y^ same tyme 8r G. Carteret & y! Quakers obtaine 
New graunts from the Duke of New Jersey, in the same 
manner, as it was formerly granted to S^ G. Carteret &. 
L^ Berkeley. 

And afterwards the Quakers agree with S"" G. Carteret 
to divide New-Jersey betwixt y"? by certaine Metes & 
bounds soe as each might know thcire owne Share ; & this 
is done by drawing an Imaginai-y Line crosse the Country 
(but Visible in theire Map) to w^hich all partyes being 
agreed; the Duke upon theire desire adds his Confirmation 
of this theire Partition. 

S"" Edm*? Andros y*' present Governour continues to 
demand & Collect y! joo Customes (as his Predecessours did 
y^ /f^) & y^ Quakers exclaime ag^.*" it, pretending y* they 
ought not to pay Any. 

Qusere? whether by the Graunt to the Quakers (& to &•? 
G. Carterett) of the Soyle, &c. They be empowred to set 
up distinct Governements, Pi'incipallityes, or Common- 
wealths, within theire Respective Lands ? or whether they 
are not still lyable, as all other Inhabitants in these Terri- 
toiyes are, to the Law^es established in New Yorke, for y** 
whole Territory depending on it ? 



Names of the Magistrates of West New Jersey. 

[Fiom "New York Colonial Docnmeuts," Vol. XII., p. G35.] 

At tlic upper plantations on the west side of New Jersey 

r Mr Thomas Olave 
' Mr Daniel Willcs 
Mr John Kenscy 
Mr John Pinford 
Mr Joseph Helmsley 
Mr Robe'-.' Stacy 
Mr Ben. Scott 
[ Mr Richard Gny 



Commission being 
the first dated -^ 
August 1G77 



202 



NKW .lER^EV COLONIAL DOi. IMKNTS. 



[1680 



At the lower plantations on tlie west side of ^^'e\v Jersey 
Siileni. 

Mr James Xevill 
^[r William Peiitoii 
Mr Richard Guy 
Mr Edward {'roadway 
Mr Edward Ward 
Mr liii'liaid Hancock 



(^•lnnlissi(»n ])^'in^• 
the second dated 
Oct. 2(5. 1GT'.> 



From (rdi'rrnirr Androfi to Governor ('(irt<r<t. 

e I From ■' (iiiints and Coucessioiis,'' p. (173.1 

r>i;L\(; ad\ ised of your actings without any lei;al Author- 
ity t«» the ureat Disturbance, it'c of his Majesty's Snl)jects, 
J do licrewitli send you attested Copies of tlie Kind's Let- 
ters Patents, and liis Ivoyal Jlii^liness Commission, for 
Lands and Tei'ritories, as also further for Autliority and 
.Furisdiction over all Persous within those Bounds, Arc, as 
l»v his Majesty's said Patent to his Roval Hio:lmess, in 
which being comprised, therefore in Obedieuce to his 
Majesty's said Authority, you are to forbear and not pre- 
sume further to assume or exercise Distinct or any Juris- 
diction over his Majesty's Subjects, or any Person within 
any of the Bounds of that his Majesty's Patent to ins said 
Ko3'al Highness without lawful Power Recorded (as it 
ought to be) in this Place — J do ac(|uaint you that it being 
necessary for the King's Service, and Welfare of his 
Majesty's Su])jects living oi- ti-ading in these Parts, that 
Beacons for Land, or Sea-marks for Shi})ping Sailing in 
and out, and a Fortification be erected at S<(ii<1y-J\)lnt^ 1 
have resolve(l it accordingly, but having due regard to all 
Rights or rr(t})erties of Land or Soil, shall be ready to pay 
or give Just Satisfaction io M"" Richard Hartshorn, or any 
assigned to, or interested in said S((n<h/-l*u'nit, or J*lace, 
aiul not doubting your observance of the above remain, 
Your affectionate Friend and Servant 

Nev) Yoi'l', Moi-rh the S"' ir)7'.>-Si> E. Andkos 

To Governor J*IilUlj> Oirteret, at his House in Elizabeth-. 
Town 



168U] PROCLAMATIOX AGAINST QOV. CAETERET. 298 

P I'orlarndiioit <>f (lorcmor Andro-^. 

[From "(i runts nnd ( 'oiioesstioiis,'' p. 675.) 

Sir Edmund Andross, Kiiiiiiit, Lieutenant and (iovcnioi', 
(leneral and Yice Adiiiira] under liis Ilo)'al lliulmess. 
Juint'x Duke of Yo)'l\ and AJhonij, itc and of Keic Yt)rl\ 
aud dependences, <Szq in Amcrini. Whereas upon Informa- 
tion of the Actino-s of Capt. Ph'dlp Cartspfit, assuming and 
authorizing others to exercise Jurisdiction without any 
legal Authority, to the great Disturbance, vfec of his Majes- 
ty's Subjects, within the Bounds of his Majesty's Letters 
Patents, to his Royal Highness, I have sent to foi'warn 
said Capt. Ckirteret, from such his illegal Actings t%c. I do 
hereby by advice of mj Council, by Virtue of his Majesty's 
Letters Patents and Authority derived nnto me under his 
Royal Highness, in his Majesty's IS^ame, further re<]uii'e 
and Command the said Capt, Philltp Carii'rd, and all 
other pretended Magistrates and Officers, Civil or Military, 
authorized by him, to forbear, and not presume further to 
assume or exercise distinct or any Jurisdiction over his 
Majesty's Subjects, or any Person within any the l)ounds 
of that his Majesty's Patent to his said Royal Highness ; 
and also that no Person or Persons do any ways abet, assist 
or observe the same or any such illegal Authorities — But 
they and all Persons fortlnvith to submit as they ought to 
the Kings lawful Authority, signified by his Majesty's 
I^etters Patents to his Royal Highness here established, as 
they and every of them, will answer the contrai'v at their 
utmost Perrils ; upon which I do remit all ])ast acting on 
said Account, and for the Preservation (^f the Peace and 
Quiet of his Majesty's Subjects in these Parts, I do con- 
tirm all the present Constables in their several and respec- 
tive Towns and Precincts, and shall be ready to take 
further Order for the good and welfare of his Majest\''s 
Subjects, pursuant to his Majesty's said Letters Patents and 



•294 NKW JERSKY CULOMAL IXKUMKNTS. [1080 

his Koyal Iliolmcss Commission and Antliority to mc, 
respectiiiiij the Jurisdiction, ifcc. witlioiit intrenching upon 
any Man's just Right, Property, Freehold or Possession. 
Given under my ILmd and the Seal of the Province in 
New-York^ the 13th Day of March in the Thirty-Second 
Year of his Majesty's Reign, Anno Domini^ 1679 ^ 

Andkos 
To Capt. Pli'dUp Carteret. 

Examined hy me Mathias Xicholls, Secretary 



From Governor Carteret to Governor Andros. 

[From "Grants and Concessions," p. C7-1.1 

From Governor Philip Carteret to Govci'nor Edmund 

Andros in answer to his letter of the S"' March. 
Sir 

IIavixo seriously considered your Letter of the 8th 
Instant, and advised upon the Contents thereof, not only 
with the Council, but also with the most eminent, though 
not numerous. Part of the Country who have largely 
weighed the Force of his Royal Highness Grant, the Com- 
mands of his Majesty to conHrm to the Lords Proprietors 
Government, the long and peaceable Possession of this 
Government during the Time of all your English Prede- 
cessors^ and yourselves, rctui-n this Answer, that as I have 
not plunged his Majesty's Subjects into any Disturbances, 
so I intreat you not to molest me, as his Governor, nor the 
People under my Charge; I not making any presumtive 
pretence beyond the Bounds of my Commission, nor the 
Peojde Yielding Obedience but by their Sovereigns possi- 
tive Orders. As to what may be requisite to Land, or Sea 
Marks, as they are considerable so they .--hall be considered 
of, without any other compulsion than the necessity ot his 
Majesty's Affairs lequires, if you intend to set a Fort at 
Sandy-Hook, I shall be constrained to endeavour to prevent 
the same, until I shall know the Proprietors Pleasure, he 

1 1J70-SO. 



161^0] GOVEKNOR CAETERET*S ANSWER. '295 

haviii<^ reserved that for a Fortitication wlieii the King 
shall command it. The People as well as mj-self and 
Council, hold ourselves obliged by his Majesty's express 
Commands to yield Obedience to the Government, estab- 
lished by Sir George Carteret, and are under Oath so to 
do, — and are resolved not to vary therefrom until the same 
be remanded by the King, who only can determine this 
Matter ; and shall be necessitated, if any Force be used, to 
defend ourselves and Families the best we can, which if 
any Blood be shed it will be contrary to our desires, and 
the just and righteous God require it at your Hands, who 
are the Causes thereof — And therefoi'e we intreat you to 
forbear your threats or any other Acts of Hostility towards 
us, until his Majesty decides this Controversy, which we 
shall endeavour to have effected as soon as possible may 
be : The occasion that hinders this from being sent you 
sooner, is the foulness of tlie weather hindering the Coun- 
cils meeting, as also an alarm we had Yesterday of your 
being come with your Sloops and a considerable I^umber 
of Soldiers which constrained us to put ourselves in a 
Posture of Defence 

I am your H^imhle Servant, 
Elizaleth-Totrn Pn. Carteret 

2Gth March 1679 1 



Commission from Governor Carteret to John Berry, to he 
his Successor. 

[From " East Jersey Records," Liber 3 of Deeds, p. 3GG.J 

By the hono^l" Phillip Carteret Esq^ Governo'' Und"; the 

liight hono^.^ Sr Geoi-ge Carteret Knt. & Baronet Lord 

Proprietor of the Province of New Cesarea or New 

Jersey. 

Whereas I am constrayned to put my selfe and Country 

in a posture of Defence for the maintenance of o*" Just 

Rights Granted by his Majties unto y^ said S'' George 

1 Itil'J-SJ. 



5 or. 



NEW .TKRSP:Y rOT.ONlAr. doctmkxts. 



[1G>?0 



Cai'tiTt't Lord |ii'i>|ii-irt(>' of t\\v said Province and liis 
Intrest therein, and not Kiiuwino; liow it may please (iod 
to Dispose of me Eytln'i- liy J>it"e oi* dcatli or absenee I 
lia\(' tlioni^lit titt and doe by these p'sents noininnf' Cnn- 
stitiii, and K/i/Ki'mi Cai'T^' John I'khky to succeed me in 
tlic ( iovcnimcnt. ;iiid in case he shonhl by accident be Cntt 
of or Disabled to take the charge n])j)on him, then I doe 
hereby C<ni.^flfiii<' and (tpiKHnf Cai't^ Wilijam iSANDKoun 
to succeed him the said Berry In tlic (Toverui^ as aforesaid 
hi'rt'l»\' i'(M|uiri'inii' tliciii or any of tlicm in In's ]\I;ijtii's iKinic 
to defend t(.» defend tiie said ('ontr\' or J^rovince. the Jntrest 
of the Lord ]u-o])rieto'.*' and the pc<»ples Kight aiul ])rive- 
ledges to tln' utmost of yoni- powers, hereby Reijuireing 
all i)''s(»ns \\\ (lenerall as well freeholders as other the 
Inhabitants to yield ol)edience to your Coiuluct and C'om- 
mands Cntili such time as his Majties pleasure shall be 
fnrther kuowne thei'ein. (iiven uiuler my hand and scale of 
the Province at Elizal>eth towne the 2-2'" of March An" 
Doni 1<">7'.> ' and in the two and thirtietli yt-are of his Maj- 
ties Kaiii'iu' of Charles the Second vV 

Bv oi'dei- of tlie (4ovcrno'' i'nii.ii' ('akikkkt 




Secre'y 



J*j'iirri (]iii(/!< (>f ('oiiiii'il in Ikt'liittmi io h*i jii'i st iifiittim 
fi'itin llif Jdd'ii.s in ^(ir Jrr^ni^/. 

IFroiii N. V. Col. MSS.. in S.cit'tary of State's .itlicc, AU.Miiy, Vol. X.XIX., p. 08.] 

^'ew Vorke At a Councill March 23 10;^ 
A Letter from C.'* Ph. Carteret dated ye 20"' March in 



1 i(;7i» ■so. 

2 Tlie initial "C " beloro iLu uanies ol' Carteret, Baker and others iisu'illy .-itaiida 
for Ciipliiin. Kd. 



1680] MIXUTES OF COUXCIL AT NEW YORK. 2H7 

answer to the (lov of the 8'" brought bj^ C W'" Sandford 
iV: Mr Jolmson with other papers vizt A letter to Uov 
Nicolls from the Duke No 18 1661 relating to his R H* 
Grant to ye Ld Berkeley & Sr George Carteret 

Another to Go. Lovelace from the Duke also dated No 
25 1672 to assist &c & declaring Go. Nicolls Grant to C 
Baker *S:c to be null, bearing date after the deed granted 
to je Ld B & Sir G. C. 

The K-^ Letter to C. Berry Dep. Go. dated Dec 0"' 1672 

Another to C Bh Carteret June 13 1674. The K's 
Grant to the Duke dated June 21>th. Nothing materiall 
in either 

C Sandford & M'' Johnson api^earing being sent for 
declare not to know the contents of ye letter brought by 
tliem nor to have authority to speake any thing concerning 
it but are as private ])'sons. 

Tlesolved An answer to Carteretts Lre & being in- 
formed the K** L're patents have not been made publick or 
made known among them That each Towne bee sent to 
who are to have Representatives, to meete upon the 7"' day 
of April next att AVoodbridge in order to y® Kings service 
and the quiet of all his Maj"*"* subjects in those pts. 



At a Councill New Yorke March 2.^" 16;-; 

T'pon Consideration whether it will be for his ]V[aj"'"'* 
service to admitt of Deputyes fi-om the Tuwnes in New 
Jersey as others o'' neighbo'"^ have. 

Resolved That it will bee necessary c^- convenient for his 
Maj"'''' service that they have deputyes etc: 



Governor Ph'dij) Carteret to Governor A/i(7/'o.s; Counter- 
manding Orders for a General A,s.st'//M(/ and Con- 
demning Governor Andros' Proceedings. 

[From "(Jraut.s and Coucession.s," p. ti76.] 

From Governor Carteret to Governor Andros 

Sir L'pox consideration of his Majesty's Comnuinds 



29S NKw ji:i{>i;y colonial doclmknts. [1680 

Avliioli is only directed to his Governor and Council in this 
Province, 1 have tlionglit fit to countermand any former 
Orders of convening the General Assembly, wliicli will be 
but a charge and tronble to the Country, and in Friendship 
think fit to let you know it, that you may not come or send 
in Expectation to it; and finding the Insinuations and 
indirect Means you use for obtaining the Government, and 
in a sinister way to subvert the Minds of his Majesty's 
Subjects here, therefore do hereby Command that no more 
of your Emissaries may be sent or appear here, under Pen- 
alty of being proceeded against by Imprisonment, Tryal, 
Condemnation and Penahy, as his Majesty's Laws direct 
to Spies or Disturbers of the Publick Peace, unless with 
particular Message to me and so to return. It was by his 
Majesty's Command that this Government was established, 
and withont the same Command shall never be resigned 
but with our Lives and Fortunes, the People resolving to 
live and dye with the Xame of true Subjects and not 
Tray tors. 



Sir 

Since the Writing above yours an-ived by Mr. West, for 
which please to take for Answer, that whereas we are suffi- 
ciently satisfied of your unjust Actings, endeavouring to 
snbvert the Minds of his Majesty's Subjects here, from 
their Obedience to his Commands and Fidelity to their 
Proprietor and Government by him here established ; wc 
have thonght fit and do hereby not only protest against 
your unlawful Proceedings, but do make our appeal to our 
Sovereign Lord the King, which we shall forthwith send 
to be ]-)rcsented to his Majesty, who only can determine 
this Matter, and that you may not plead ignorance in not 
knowing of it, or of our Intentions to prosecute the same, 
we do give you this Notice thereof that you may if you 
please take order to Answer our Complaints ; and in the 
mean Time we require you, in his Majesty's Name, to for- 
bear to molest or disquiet us in our peaceable Possession, 



1680] GOV. ANDKOS' VISIT TO NEW JERSET. 299 

or in the Government lierc established by his Majesty's 
Commands, or in any otlier way whatsoever at your Peril 

Sir your Friend and Servant 
Elizaheth-Tovm, tlie Philip Caeteeet 

29^^^ March IGSO 



Visit of Sir Edmund Andros to JVew Jersey }■ 

[i'^rom N. T. Col. MSS., iu Secretary of State's office, Albany, Vol. SlnX., p. 73.] 

Monday Aprir 5'^ 1680 
It was resolved in Conncill, That the Go: goe in person 
tomorrow in liis Sloope towards New Jersey to be there 
the next day being the 7'^ the time appointed for llic Dep: 
to meete, & that he goe in a friendly way with his owne 
Retinne & some Yolunteers to attend him, without other 
arines than their swords. 

Tuesday the 5*^ 
The Go: & his attendants went on board about two 
oclock afternoone towards N, Jersey having a briske gale 
of wind at w. s. w or thereabout. Volunteers that attended 
the Go: Morriss, Nicolls, Eger . . . etts Willctt, Coll- 
yer James Graham Ilon^''^ J. White. J. Wandall, J We^t. 
In the Evening wee came uj) to Shooters Isl wliei'c wee 
ran a ground and afterwards came to an anchor on Staten 
Island side not far from C Youngs. It was there proposed 
if not convenient to send some one to C. Carteret that very 
Evening to acquaint him of o'' Coming in peace, which was 
resolved on : C Coliyer was pitclit upon & (by his owne 
request) M"" Jane Wilson to accoinjiany him, mIio went 
aM'ay to a point where they were challenged but declaring 
to be friends went up the Creoke in ColL Morriss' boate. 
They found pt of a comp^ with C. Greenland at the jDoint 
& heard of another comp'' by the way when they ai-rived 
at C Carteretts there were others in armes who challenged 

1 See Governor Carteret's account of ths same visit on a subsequent page, from 
" Grants and Concessions," p. G77, and "Ea.st Jersey Unier thj Pro^nietary Covein- 
ments," 2(1 Edit., p. 92. Ed. 



'^'^" XKW .IKKSEY rnl.oMAI, 1)( •CIMKNTS. [IGSO 

them wliv A: froDi wlieiicc tlioy csune, and ('. Saiidfonl with 
liis sword draMMie oaiiii' to the hiii(h"n<? plaoe and (k'niaiided 
if tliov wi'iv friends, to the \v''' C Collvcr r('i>lvini( " ves " 
hec did liave tlieni to k-avc that hut lettlieni conic asliore. 
The l>oate caiue hack hut they stay'd all nii:ht. 

AVednesday the 7"' 

Tlie same hoate was sent ovei* to tiic pointe ahout six of 
tlie Clock in tlie nioi-niiiii- to hi-ino; tlio messengers ahoard 
who were come downe. 

Att theii- ari-i\al, they ^ave acet of tlieir ivceji \' of C. 
Carteivtts answej' That if the Go: and his lietiinu' slundd 
come to him as fi'ieiids hee should he wi'lcouie. 

Ahout an honi'e after tlie (io: ^V ( 'omp*' went in his 
pinnace ife ('oil Moi-riss hoate uj) the Creeke There was at 
the j)ointe Capt (Treenlaiid with part of a Company with- 
out Coluurs, sahited the (Jo: wlio were relieve<l hy anotlier 
])arty fi-om the town just as we went up the creeke. 

The Co: &c went asliore a little helow IVfr. Hopkins' 
house tfc walkt to C Carteretts on the hill. As all erost 
the hollow just by the house there was part of a Company 
with C. Whitehead at their head, who making a ])assai;e 
foi' us wi'c walked throunh to whei'c wee niett C Carterett 
Capt C landlord, (' Pike ^- Capt Uowers. C Carterett 
in\itiiii>" the Go: in the stockades, another party opened for 
to receive tlie (io: which was commanded hy C Sandford 
who o-ave a volley just as wee ])assed thr(tni:;li them. 

A while afterward heini>- iione in S"" Kdmund .\ndros 
ac<piaiutc(l C Carteri'tt iV the rest with the (»ccasion v\ his 
comiui^' to undeceive the [)eople and to shew his pri'ten- 
ciuus on his Royal lliy;hnesse hehalfe to the (iovei'm' 
Tliereu])on comanded nice to read the K'" ])atent to hiin- 
selfe ifec to i-eceive the ]>lace vV couiiti-y fi'om the Dutch, 
which was done. To^'cther with CJo: ('ol\es orders iindei- 
his hand iV scale to all otlic'" to suri-endei- unto the (to: <Si 
one particularly to M' Ogden thenscherif for the surrender 
of N. Jersev. 



1680] GOV. ANDROS" VISIT TO NEW .IP:RSFA'. 301 

The K'*" ])ateiit to his K IP was likewise be|j;aii to he 
read, but tlie people crowded in to heare it being debarred 
by C Saiidfoi'd's Coniand to the Marshall to kee])e tliem 
out which he did somewhat churlishly, S'' Edmund being 
unsatisfied therewith <\: not willing to trouble C Cartei'etts 
house, hee ordred mee to follow him out of doores, there 
to read it in the open lield without the stockades that all 
his Maj"*^* subjects there present might heare the same, 
which was done accordingly, as also the Dukes' Commis- 
sion to the Go: cV: the King's order and under the signet, 
to resurrender all back to his R II'* order &g 

Whereupon C Carterett desiring S'' Edm. to goe into the 
house againe where he would produce all his rights to tiie 
(Toverm^ lie shewed the lease A: release from his R 11^ 
to S*" George Carterett w*"'' was read by C Berry & ])leaded 
to by him vt Capt Sandford C Carterett in the middle 
betweeue them & C Bowers thereby who read one of the ' 
letters with the signet from his Ma"^ to C Carterett, there 
being also another to C Berry as dep: Go: & 2 others the 
one from his R IP to Coll. Nicolls, another to Coll Love- 
lace relating his conveyance to S' Geo: tfc order of assist- 
since to his Go: or Dep: There was also a co})ie of another 
Letter part from the proprie"'' to Capt Nicolls ])romising 
to confirme his grants. 

S' Edm Andros insisted upon his Maj"*^'* L'res Patents 
being of greater force than the K'^ private L'res & the Con- 
veyance by lease & release to vary Comand with other 
material arguments. That which they at last centred upon 
was that S"" Geo was the D's assignee tV: by vertue thereof 
had as ample p [ower] of Governm' as the D. himselfe, dc 
both C Carterett, Berry, iSandford & Bowers declared they 
would to their uttermost hold & defend their Go :m'^ until 
the K** pleasure were known thereby wdio could only be 
judge in the case with his Councill betweene his R 11 ct 
Sir Geo Carterett. 

C Berry talked of Appealeing unto Engl w'' hee said 
they had sett about already but being minded by S"" Edm 



302 NKW JERSEY COLONIAL DOCUMENTS. [IGSO 

that it was Impropr tiling to appeal before a jndgment, 
however they prcsisted in it. 

Sometimes they insisted upon the bein/ in possession 
unmolested but a while after the discourse was broken off. 

After dinner S"" Edm. walkt down to the pier, accom- 
panied by C Carterett & Capt Barry with a party of men in 
amies, a Guard being made for him from the doors to the 
stockades & over to the brow of the hill each of the ptys 
giving a volley. There was onely one Colours among 
them. The sailors gave a volley or two as I g02 aboard, 
so hauing a good wind we reach home before night. 



Warrant from. Governor Andros to Arrest Governor 

Carteret. 

[From "New Tork Colonial Documents." Vol. XEI., p. f'.49.1 

Warrant to Arrest Captain Pliilipp Carterett. 

S*" Edmund Andros Ivn* etc. Whereas Ca[)^ Pliilipp 
Carterett of New Jersey having presumed to assume and 
Exercise Authority and Jurisdiction over the Kings Sub- 
jects to their great distui'bance ifec in those parts within 
the bounds of his Ma'""" Letters Pattents to his Royal! 
Ilighnesse and prcsisted therein without any Legal Au- 
thority not withstanding his being duely forwarned and 
comanded to tlic contniiy whore up'ni by advice of my 
counecll I have caused the person of the s'? Cap* Philip 
Carteret to be apprehended and brought to this place in 
order to further proceedings according to Law : These are 
in his Ma*''^ name to Require you to take into your charge 
and custody the s*" Cap* Philip Carterett and him safely to 
kpcpe untill further order or his being discharged accord- 
ing to due course of Law; and for soe doing this shall l)e 
your Sufficient Warrant. Given under my hand nnd Scale 

in New Yorke this 1'^ day of May 1080 

E. Andkop 
To Cap' John Collyer 



1680] TEIAL OF GOVERNOK CARTEKET. 303 



Extracts from the Ifinutes of a Special Court of Assizes^ 
ff eld in New Yor1i,forthe Trial of Philip Carteret. 

[From "Grants and Concessions," pp. 673, 079, GSO.] 

At a special Court of Assizes held in New-Yorh tlie 
27*^ and 28'^ of j\iay, IGSO 

A. B. wlio as well as &c. presenteth Capt. Pldlipj Car- 
teret of Elizabeth- Town in JSfev)- Jersey^ for tliat lie the 
said Capt. Philip Carteret, tlie 7th Day of April, last past, 
and divers Times before and since, without any lawful 
Kight, Power or Authority with Force and Arms, riotously 
and routonsly Avith Capt. John Berry, Capt. Willimn 
Sandford, and several other Persons, hath presumed to 
exercise Jurisdiction and Government over his Majesty's 
Subjects, within the Bounds of his Majesty's Letters 
Patents granted to iiis Koyal Highness; and although' by 
Publick Acts and Declarations hath been forwarned [not] 
so to do, he the said Capt. Philip Carte/ret, hath persisted 
therein, and riotously and routonsly with Force and Arms 
hath endeavoui'ed to assert and maintain the same, all which 
Actings of the said Capt. Philip Carteret, have tended to 
the hinderance of the publick Peace of the Govei-nment, 
and in contempt of and contrary to the Laws and Liberty 
of the Snl)ject, and against the Peace of our Sov^ereign 
Lord the King, therefore prays that this Court will pro- 
ceed against him the said Capt. Philip Carteret, as the 
Law in such Cases directs. 

Philip Carteret, Esq ; saith, that he did refuse the 
Delivery of the Government of New- Jersey, for that ho 
being Commissionated Governor thereof, by Power de- 
rived from his Majesty, and his command to the People, to 
be obedient to the Government established by Sir George 
Carteret, dares not deliver the same without an especial 



304 .NEW JKKSKV CULUMAL DoClMKNTS. [IfiSO 

Coniniaiwl fi-om tlio Kiiin;. mito wlioiii lie liatli atldrcssud 
liiiiiself l"<ir 1 )('tc'i-iiiiii:iti<m ; ami wli'Mta,^ he the said 
I'jiil'iji ( '<irf<rrf, Ks(| ; liatli heeii \ iolciitly and riotously 
halh'(l (tut of his House !>}• ^S'ight on the ^^)Oth Day of 
AjnU^ l<5S(i, by Sir Kdimmd AikIi'oss, his Ottieers, and 
kept a Prisoner ever sinee. doth di-niand his Lil)e'i"ty u])()n 
his I'arole to appear when the Kiui;- shall Coniiiiand it. and 
doth j)rotest against the .lurisdiction of this Court, where 
his itnj)ri>oner and accuser is to he .1 udiJ:;e, and doth Appeal 
to the Determination of his ^lajesty who only is the proper 
decider oi this Matter. 

Cai'T. J^liillip Cdiicrcf^ of KrizahrtJi-Ton'i,, in ,)'''/'- 
./i rKiy, beinu: presented for that he the Tth Day of Ajuil 
last past, and divers 'J'iines before and since, without any 
lawful lvi<j:ht. Power oi' Authority, hath presumed to exer- 
cise .lurisdiction and (iovernment over his Majest3'*s Sub- 
jects within the Bounds of his ]\rajesty's Letters Patents 
to his Royal Highness, and though forwarned hath per- 
sisted and riotously and idiitonsly with Force and Arms, 
endeavoured to assert and maintain the same ; iVrc. upon 
"^ri-xal being bv the Jury brought in not (inilty, is ac(piitted 
accordingly. 

P>ut the Court (k'clarc their ( )piiii« 111 and gi\e .ludgmcnt, 
that if he the said ('apt. i'driiiut shall go to .\V//"-/<v.v/ _y, 
he sho\ild give Security or Kngagement not to assume any 
Authority or .Jurisdiction there. Civil or Military. 

liij m'ih r (>f f/ii .y )<(■/<// (iniKf (>t ^ l.v.v/.lr.s', 

Matjiias Nicoi,i,s, Seci'etarv. 



Accoillif (if ( i(ii'( fiinr Aliil/'os^ I isif fn A'//' •/(I'xi'i/ to 

Mirf fli, J.v.v, //,%. 
[Kioiii N. V, Col. MSS.. in Sivrutiiry of States dlti.c. AlWaiiv, Vol XXIX.. p. Vii.\ 

.lune 1'' n'>S(» The (io: witli the Coinicill vt sevrall of 
the gents of tlie Towne to attend himc canu' fi-om New 
"^'oi-k about iiooiic in his sloope t*,) come to N. -Jersey to 



1680] GOV. ANDROS AT ELIZABETHTOWK. 305 

tlie Assembly of Deputies to he held the next day at Eli/c. 
Towne. 

My Lady Andros came in company attend'! with 9 or 
10 gentlewomen, my wife for one. Coniino; by C Palmers 
my lady & Comp^ landed at C Palmers & stay'd all night. 
My Lady Arc came in the morning to Eliz. Tonne. 

All the Dep came to tonne Berghen excepted. In the 
afternoone they were sworne that were present being 12 
for 6 tonnes. The K* letters ])atents read & Go: Comis- 
sion. The Go: spaked to them upon sevrall heads, bad 
them to choose a Speaker & recommended them as the 
Clarke. (Isaac JS^ Whitehead) which they seemed to to 
oppose it being their jwetended ])rivilege to chuse one 
themselves but the Go: insisted npon his capacity <\: 
employm* as their Clarke. 

The other two being come were sworne of which one of 
them refused to take the oath of allegiance at first (his 
name "was I3onglas) professing himselfe a Roman Catho- 
lick, but being informed it was not the oath of Supremacy 
he offered to take it & was admitted. In the forenoone 
they returned C Bonne Speaker and Isaac N Whitehead 
Clarke. In the fore noone they mett, and the Go: ex- 
pected a Returne npon the severall heads he had first 
spoken to, which were sent them upon their desire, but in 
lieu thereof they sent a paj)er wherein they expected as 
they said an act in Confirmacion of their Coinissions &c to 
convene an assembly every 2'"' Day of ( )ct. in the yeare ; 
concerning which the Go: said hee wonld speake to them 
in the Evening. 

Between 7 and S in the evening afterwards they came 
to the Go: at M"" AVhiteheads where the Go: spoke to them 
at large and was answered by their Speaker, as in . . . 

This morning the Clarke bi'ought (5 Saturday) mee the 
Records of the Assembly, being Acts then passed set forth. 
As they desired, I Avas sent to them to know if they had 
any thing further to propose 6z to know how long they 
thought to sitt. To the first, they s** it would be Tuesday 



306 Ni:W .TKK>i;V Cor.nMAI. hiirlMKNTP. [1680 

next ere they would end all, when tliev should have all 
rendv for v*' (lov: wlu-i-cupou I told tlicni for ye (iov: tliat 
he had busiiiessc iu X. Y. ^V: wnnjil rctiinic hy the time 
thev menoioued for tiuishiii<^ their huisuesse wlien he 
would ^-ive them an eariiin- to .ill their j)roposalR i^ that 
the Go: luidadjoui'ut'd his ('ouiicell till Tuesday wlieu the}' 
would he at Eli/,: Touiie likewise. 

The (tO. came away just after nooUf. AVci' came to 
C J'almers where fn'' my lady & gentlewomen. Twas 
aftei- dinner ere wee came away. 1 gave a p'' of b to my 
wit\' who came away and at C. Palmers ii of another piece 
of S change. 

Wee lay on hoai-d all night, came in tlu' Moi'uiug l^e- 
tiuies. T went this Sunday and the last goeing to y^ Sacra- 
ment being so hurr^'ed with Buisness u]) and down. 

I am goeing to J^ng isl. 

Ill I II I'll of ]ftpiif'/(.s for ^\iH' Jirsrij A-'<si itil>l ij, fo Meet 
J Kite 2", 16S<». 

[KioinX. V.Ciil. MSS., in Secretary of States ortio, Alt):inv, V<il. \.\1X.. ji, w:,.\ 

Ketunie u|)(>n the Siimons to tlie Const: of tlie 
severall Tonnes of New Jersey foi' Election ot" 
Depiityes for the AsseiiiMy. 

John Ward Const of Newarke makes 
returne for their Tonne of — i iieturned 

M"" Thomas Johnson - May i'4 

M^ John Ward \ lOSo 

,l(»lm Little, Const of Kli/.ahoth Tonne 
makes returne for their tonne of i 

M"" Henry Lven - ^lav 26 

M"" Benjamin Price j 

The Const of r>ergen makes returne tor 
their Tonne of 



I 



W AVilliam Douglas ^ May 2 

M"" Hans Diedewicker \ 



99. 



1^80] PK()(EEi»iX(;s oi-' AssEMijLV Axn couxcir,. 307 

Richard Jlartt^hurnc, Const of Middlelon 
makes Retiirne for their touiie of Mr \ 

John Bonne and - May '27 

Jonathan Hohnei< ) 

Retnnie for Shrewsbnry M' Judcth / Jnne 2"^' 

Allyn M'" John Hanse \ at Eliz. -Tonne 

Ketnrne for PiscattaM'ay M' John | _ , - 

(Tilhnan, M'' Edward 81anghter \ 

Rotnrne for Woodbridge M'' ].cwis / 

I5aker M'' John Bishop J'' [ ^" 



/'/■Oct r/h/i(/-s of iltr 2s <■ w Jt'i'tse 11 Asiieiiihhj (IIkI ('oilKi-ll. 

I From N. V. Col. MSS.. iu Secretary of State's otlite, Albauy. Vol. XXIX., p. IJ(i.| 

New Jersey Jnne 2°'' 108O 
This being tlie day appointed for the meeting of tlie 
Assembly, all the Depntyes appeared for the severall 
Tonnes nnlesse for Berghen. 

In the afternoone they t0(tke the (Jath of Allegiance. 
The King's Letters Patent tt the Govern*^'"'* Comission frt>m 
his R IP read & the Election of a Speaker <Sz, Clark reeo- 
mriuU'd to them after the Governor had spoken to them 
npon severall heads tending to their Generall good and 
welfare. [To the following effect, as given in ''Grants 
and Concessions," p. 6S<», as certified to by Mathias 
Nicolls, Secretary :] 

— [He I ac(]nainted them, that they are met for the King 
and C'Onntry Service, and in order to it he hath bronght 
the Kings Letters Patents, nndei' the (ireat Seal of J^ny- 
l<iii<L to his Royal Highness and his Commission, that this 
J*art of the Conntry, may by them their Representatives 
see the Anthority, and his Majesty's and his Royal High- 
ness care of them in every respect, as of the other Parts of 
the Colony ; pnrsnant to which and Law he hatli en- 
deavoured not to be wanting in his Duty for the wellfare 



308 NKW .IKKSKV COLONIAL Ixx IMKNTS. [1680 

<it" all. tli(tii<j,li liy .<()iiic mistaken and lu-irk-cts, they have 
not been so nnaninious and united as they on^lit and n«i\v 
are by the said Great Seal, whieli is their ijrand Charter 
Tlule and Joint Safety ; and Thinji's beinj; now come so 
well to their riiiht C'hanncK he ddth again by vii-tue of the 
above Authority confirm the remittin<r all i)ast Actors 
assuming Authority, and ofl'er to their Consideration how 
necessary it is an Act be made to contirm all past Judicial 
ProceedinfTs, and for the Times and Places of keepinir their 
future Courts and Sessions 

And it being of genei'al Import, as by Patent, to have 
j^eculiar known Laws and .Method of Proceedings, he hath 
also brought for their perusal, and oflered them the Law 
Books composed and ]iasr into a Law by the Assembly at 
If(iiiiKi(t((l, and since confirmed and in force in all other 
J^irts of tlie (Tovernnicnt, in M'hich if any small matter bo 
wanting, Liberty to make local prudential Laws, and lor 
greater Matters, not expressed, the (leneral Coui-t of 
Assize to judge, \\o\. rej)ugnant to the Laws of Kiujhind : 
And li|} is ready to hear them and to do his Part further 
for the good and Welfare of all his Majesty's Subjects, 
pursuant to his Majesty's said Letters I*atents and Author- 
ity under his Royal Highness, respecting the Jurisdiction, 
without entrenching upon any Mans Just Kights, Proper- 
ties, Freeholds, Possession or Liberty of Conscience, or 
Distinction of any Place or Person comj)orting themselves, 
as they ought. — . 

In tlie E\ening a )»aper was bixught from the Assem- 
bly ' setting forth theii- cxiiectaccons as in the s'' papers. 
N" 1 is sett forth. 

June 3'"'' The two Deputyes irom J>erghen coming in 

1 It is evitleiit, IVoiii tin' confused niaimcr in wliicli iln' inintitea were kept, that 
the same iudividuul luteil for botli bodies, and iuteiniin^lL'd their proceedings very 
sinKiilarly. In anotlier phice the paper referred to in the text is mentioned as hav- 
ing been presented on tlie lid. From th'e phraseolo;;y used in some of the papers, it 
is 8npp<)se(\ that they were written by 'the (lovernor's Secretary, and are to be con- 
sidered more as a joimiul of events, comjiiled for his infoiination. tlian tlie otticial 
niiuntes of either the Council or Assembly. Ki>. 



1680] PROCEEDINGS OF ASSEAIBIA' AND COUNCIL. 309 

ye morning and niakino- excuse for not a})pearing yesterday 
Avere sworne. 

In tlie morning they retnrnod Afr. -lolin Bonne for their 
speaker & M"' Isaac A\'^hitehea<] to he Clarke 

At a Councell in Eliz: Tonne June 4'" ItiSl) [met at M"" 
Whitehead's] i 

The pap. given in yesterday in the Evening to the (lov: 
from the Deps: taken into Consideracion Resolved : That 
what is insisted upon by them, not thought proper for the 
(to: to take notice of, at this time, the Jurisdiction being 
onely asserted without intrenching on any man's just rights 
cV: projierty Sec. 

That there is sufficient Care taken in the King's L'res 
Patents for the security and the wel| government of his 
subjects. And that an Assembly or Assemblies bee called 
as shall bee necessy • 

That as all acts made on the K"* plantacions are tempo- 
rary so not thought proper or in the (to:'s power to 
reenact here the K's L'res ])atent being [our] onely grand 
charter & best security. 

l^pon the receit of a pap last night 

[Resolved That the paper is thought to bee improper 
and that the Assembly be sent for & minded of what the 
Cto: & Councill spake to them at their first meeting as meet 
materiall expecting a suiteable answer.] 

The Dep** appearing at M"" Whitelieads, the Clarke being 
sent for, the Gov: discoursed w*^ them upon their paper 
ik other Publick Affaires. [To the w''^] M'' Bonne, the 
Speaker made answer on behalfe of the rest, & held an 
argument of neare 2 honres, pleading their I'ights & 
priviledges of Dep'' Arc but [at length seemed to bee Con- 
vinced] almost by ye Gov: of having them 

settled by an Act as they desired, though left with hopes 
of having an Assendjly upon occasions. _ 

1 The -words in brackets in this document are inserted from another ]]^per, the 
differences in verbiage being remarkable. 



310 \K\V .IKKSKY COI.oNIAr, P(K TMKN'IS. [1080 

Tlie(T()\-: leaviiiii; tlieiii in tlic K\ciiiiiii' after tlieii' sit- 
tiiii^, they sent (two of tlieir] nie88eng'er[8] witli a paper to 
bee put into an act foi- a T'onfirinneion of their past acts in 
[November] last, without iiKiicionini;- of them. I was 
ordered to aske for a (^opy or a sight of the laws whicl.i the 
Clarke ]ironiiscd to nc<|n:iint the Speaker with. 

-Tunc :. lOsO 
The (\)nncell meeting- the Go: and takeinii' into Con- 
sideracion the dilatory it' tedious ])i-oc('cdin<:-s of the 
Assembly : 

Kesolved That the (to: tfc C'onncill repairc back to X. Y. 
tfe returne hither from thence on Tlini'sday next in order t<t 
meete liere Fryday iw Councill cV: that the Assembly bee 
spoken to in the meantime to p)-epare what pnl»lick matters 
they liave to prepai-e ct' communicate to the Go: 

That as to the LaM'CS of their Assembly they bee 
accpiainted tliat a copie of them is desii'ed to take it to bee 
ti'anscribed at N. V. if they can spare tlieiu ; if not to 
Ik'o taken here afterwards. 

!> The (to: returned to the Assend)ly. 
A ])ai)er ])rought from the Assembly desiring a ("oniittee 
as to ye Paper N" 3. 

10 Another ]ia])er ai)ont a new Deputy in the place of 
^f"" i)oui;las as in ye pajier X" 4. 

[1 1. r[)on an addresse from the Assembly of the lUh at 
ni!;ht for a Conference u])on the (io\crinut pro]»osals 
Uesolved They being plaine A: no answer nor diffei"ence or 
occasion knoiine requires no conference, but however some 
of the Councill to bee ready tomorrow the 11"' Inst at 2 
oclock in the aftei'iioone to heare any answi'i- or discoui'se 
from the Assembly, if desired by them. | 

11 Of the Councill there was the Seer W Donell, M'' 
Cortlandt, of the Assembly, tlit; speaker, MT Johnson, M"" 
Ward, ti: some othei-s. The I)e|)utyes oil'ei'ed to enter into 
discourse of se\ei'all ]>ai'tiiMil;irs but the Councill I'eferrVl 



1G80] PROCEEDINGS OF ASSEMULY AND COrNClL. 3ll 

theiii to make answer to wliat they had given tliem in 
cliarge from the Go: ct tliat they were ready to heare what 
they had to propose whicli they .slionld give an acct of to 
the Go: but they insisted on the_y had given in ah'eady, so 
broke off. 

In the evening another })aiH'r sent by tlie Assend)ly as 
their answer ifce 

12 TJie answer from the Assembly read in Conncill 
Resolved That nothing offered by the Assembly is foi- the 
K or Country's service, but the contrary particularly 
reflecting upon his Maj"?'' L'res patents & the Authority 
thereof 

Advised & Resolved. That the Assemblv bee dissolved. 



Papers Referred to in tlie Foregoing Proceedings. 

[From X. Y. Col. MSS., in Secretary of State's office, Albany, Vol. XXIX.. p. 11.1.1 

[No. 1.] 
1680 New Jersey Assembly to the Go: 

June 2"*^ Wee the Deputies of the Freeholders of this 
Province of New Jersey doe expect that all ])riviledges 
belonging to Inhabitants Sz Freeholders of the s'' Province 
granted to them by Yertue of the Concessions made by the 
Ld John ])erkeley & S'' (ieorge Carterett bee to all Intents 
i^'^ i^urposes allowed & confirmed ife maintained to the 
aforesaid Inhabit"'** & Freeholders without any Infringe- 
in*: one particular principal whereof is as of right l)elong- 
ing to eveiy free borne Englishman, that there bee a 
(-renerall Asseml)ly called once a yeai-e & to mete the 2'"* 
Tuesday in Oct'" according to our usuall custom for the 
making of all such peculiar lawes as shall bee necessary for 

the good of tlie Province 

Isaac AViiitehead 

Clerk to l)ci)uty. 



[No. 2.] 
June 4"' Bee it enacted by thes Geneall Assembly & 
the authoritv thereof that all former laws & acts of Assem- 



?>12 NKW .IKKSKV Cor.ONIAr. IXUIMKXTS. [1680 

1)1 y, that was made Ar ('(^ntirmcd Kv the Geii' Assembly 
settino^ at Eliz-Toune in the j>i(»\ iiice of New Jersey in 
[Xovemher] last bee (•(.niiiiiicfl for this pres' yeare 

Isaac AVihtehea]) 

(Mei"k of I)e])uties. 

[To this is a|)pen<le(l^ as j)i-iiite(l in "(Ji-ants an<l Con- 
cessions, p. ()S'.^, the followin<2; additional matter : | 

— Willi tliis Act we did also dflivev in a Co])y of our J.aws. 

Our Proposals is. that we may have all those Privileges 
Confirmed ro ns. as thcv ai"e ffranted tocverv Feeeholdei- in 
this Pi'ovince in onr Concessions. 

/ft'///. The Confirmation of onr own Laws, as we have 
already presented with our J^aw-Uook to Sir hl///i/iKl 
A/i(li'/>-'<>i, and his (N3nncil. 

These two Proposals should have been annexed to the 
Answer to what Sir K(li////n<l A)/th-t)!<'< delivereil in his 
Paper, signed l)y Secretary yi/'olU, and was the last Paper 
that was delivered to Sir Edmund by the Depnties — 



[No. 8.1 
HoN«P S" 

June 9"' That which the Depnties desired a Committee 
from y'' hon*"*^ selfe & Conncill was ct is to Conferre about 

y'' lion'- ]»i-o]M»sals ])i'es('nte(l U^ us. 

IsA\( WniTKUKAO 

( lei'k to l)e])uty6 



[No. 4.] 
1(1^'' Hon"" S" : The Dep: finding occasion to j)urge 
themselves of such a member as cannot be allowed of by 
law, namely, AVilliam Douglas, the afore"'' member upon 
examhuition ouuing himself to be a Roman Catholic.k, wee 
have proceeded so to doe. A; further desire y"" honor to 
issue out y"" warrant to the Toune of Berghen foi- a new 
choice for one to supply his place so make u]) our number 
t^: full coicn. Isaac Wuitkhead 

Gierke to Deputies. 



1680] PROCEEDINGS AGAINST TAYLOR AND CURTIS. 31; 



P/'Oceediiigs Against WiUl<i))i Taijlor aiul John Curtis. 

[From N. Y. Col. MSS., in Secietary of State's office. Vol. XXIX., pp. Ill, 112.] 

Elizal)etli Tonne June 8 1680 
I underwritten, being at Jonas Wood y*' ordinary Keeper 
there did I heare Wm Tailor conionly called Doctor Tailor 
utter many railing invective speeches against S'' Edmund 
Andross & his Government saying y* 8'' Edmund Andross 
was a rogue & a traitor & had dealt treacherously in tak- 
ing away theire Governour, meaning Captain Phillip Car- 
terett & y* lie would say it to his face then i-epeating y® 
words he had s*^ afores'\ together witli many other oppro- 
brious Language, at which discourse Mr Justice Ward bid 
him hold his tongue, yett still he did persist, saying y* 8"" 
Edmond had none butt a Company of Kogues and Traitors 
about him in his Councill, ct yt he would not be governed 
by such. This being the very words though often repeated. 
As witnesseth my hand E, Mann 

Whereas information is given that one William Taylour, 
a transient person having no certaine place of abode, corn- 
only called " Doc'' '' or " Survey"" " & John Curtis, late of 
Hempstead on Long Island, labourer, have maliciously 
uttered very ojjprobrious words both of the Go: ifc Gover- 
ment, tending to the Breach & Disturbance of his Maj"*^* 
peace in these pt. These are in his Maj''"'' name to require 
you to seeze upon the p'sons of the s'' . . . . Taylour 
& John Curtis & them safely to keepe untill they can be 
conveyed over to ]S[. Y. there to bee delivered into ye 
custody of tlie SherifFe of the City & remain in Prison 
untill further order or that tliey shall beediscliarged by due 
course of law. Dated in Eli/,. Toune in N. Jersey this 9^*^ 
day of June 1680 

& brijig them before mee in this place or someother 
Justice of the Peace of tliis Governi*^ to be examined touch- 



'>14 NKW .TKKSKV COLONIAL 1)0( T.MENTS. [IGSO 

illy; the tnitli of tlie iimtter layd to their Charge for the 
dooiiig whereof this sluill be y'" warrant. Dated in Eli/. 
T(»uiie in New Jersey- this '.♦"' dux of June l<'>S(i 

To the Const of Elizal)eth Tonne 

Endorsed. A war't to tlie Constal)le of Xewarke to sieze 
n))on it secure ye W"' J* Taylor if to liee f<»und witliin 
their ])re('iiict. duiU' J(> IHSO 

A war't to tlie Constable of Klixabeth Toune to sie/.e 
upon W" Tyler v'c .lohn Curtis for use abusive lanu-uage 
against Go: ct (iov'. dune ".»'" Kiso. 

John Curtis .... coniitted into tlie ('i»n>t. hands 
till furthei- oi'der. 



Fi'dhi (lovcriior Cdiirrct to 1/n J'foj>ri<iiir.^ 

[From ■' (ii'aiits and Coiiccssioiis." \k ti77.1 

Letter from (Tovenior Carteivt to the I^r<>]>riett»r 
ii.-ii ratiiiu' tlie proceed iiio\s of (xovenioi' Andios. 

KlOH'l lIo.Not KA15LE SiK 

Since my last of the Sth Ajiril, lOSo, the Copies where- 
of I hei'ewith send you, Sir I'jliniind Audruss canu' hither 
on II ttliii-sthnj the 7th Instant acconij>anied with several 
of his Ofhcei-s, Councellors and iMei'chants. t<» demand the 
(ioveniiiient of this your IIoue"'''s Pi-o\ iiu*e. supposing to 
have gaiiu'd it eithe»- by Tin-eats or Flattery ; and having 
Notici' of it befoi'e hand 1 had gotten together a Matter of 
15(t Men in Arms to reeei\'e liim, doubting he would have 
bi'ought some offensive h'orces along with him but did not, 
and having lea\e with his Train to come a Shore, he came 
up to my House, where after \\\v ('ivilities ])ast, lie began 
to show by what Authority he Iiail to lay Claim to the 

1 Tbe uaiiie Ih uut given in the printed cupy, and it is presumed the letter was 
written to Sir George ("arterel. >;rund!4(>n and heir of the original proprietor who had 
died Jauiiiirv lUlli, ItiHO. Eh. 



lr>sr>] Carteret's account of andros' visit. 315 

Government ; and first began publickly to read his Majes- 
ty's Letters Patents, nnder tlie Great Seal, directed to 
liiniself for the receiving of the whole Conntry from the 
Dutch, which signified little to the Purpose ; than [then T\ 
he brought out his Majesty's Grant to his Royal Highness 
with tlie broad Seal to it, which myself and Council liad 
sufficiently examined before, which was likewise read pub- 
lickly, as also his Commission from his Poyal Highness, 
that being done we drew into the House and came to the 
Tal)le, where we laid open those Writings we had in your 
Honours behalf from his Majesty and his Poyal Highness, 
and had several Arguments upon them, when coming to a 
Conclusion, we maintained and madQ it appear that by the 
same Authority he denumded the Government, by the very 
same your Honour doth hold yours of this Part of the 
Province, as being the Dukes Assignee ; upon which his 
last Answer was, that he had showed what Authority he 
had and according to his Duty did require it in behalf of 
his Master, and if we would not obey him, let it rest at our 
Perils, for that we answered him we had sent away our 
appeal to his Majesty, and should be ready to submit to 
what his Majesty should determine, and then we went to 
Dinner, thajt done we accompanied him to his Sloop and so 
parted. 

Now your Honour may be pleased to take jS^otice, that 
we do not conclude that this Business will End, but will 
depeiul upon your Honour's diligence to have a final Issue 
of all differences according to that whicJi myself and Coun- 
cil have advised your Honour, and to be sent us witii all 
the speed that may be ; no more at present but remain 
your Honours most faithful and humble Servant. 

Elhahcth-Toirn, jVew-Jersct/, Jvhj\n\\, 1080. 



Mr. Coustrier, 

Sir, Since the Writing al)(>ve, I camiot omit inform- 
ing you of Sir ^f/>/iw<// -I// ^//vas-.v, his Actions and Proceed- 
ings to the Government of the Province of jYetv-Je/set/, 



316 NEW JERSEY COLONIAL DOCUMENTS. [16S0 

where after main' Debates and Disjuites, we (joncluded to 
tlecide it ratlier bj Arguments tlian Arms, but tlie llaneor 
and Malice of his Heart was sncli, that on tlie 3<itli day of 
Ajiril last, he sent a Party of Soldiers to fetch me away 
Dead or alive, so that in the Dead Time of the Xight broke 
0])en niv Dooi's and most barbai'ously and inhumanly and 
violently liiilled uw out of my 1)0(1. tliat I have not Words 
enong-li snthciently to ex})i"ess the Ci'uelty of it : and Indeed 
I am so disable<l by the ]jrnises and Hurts I then received, 
that I fear I shall hardly be a i)erfect Man again Capt. 
BoUcn, will inform you more am])le to whom T refer 3'ou, 
and desire you to be assistant to him in whatsoever you 
may. and you will intinitely oblige him that is Sir, 

\"oui' humble Sei'\ant. 



Gov*'rit(>i- Ciii't'i'd to ('<i2>fiiiii lioJIi-H. 

(From '• Giiiuts and Coucegsions," p. (is.'}.] 

Captain Bollen, 

/6V?', Yours from Farejield, dated the 18th Mai/, which 
was dii-ected to GtHtnji' Jewel, it M'as a Month before it 
came to my Hands ; and your other tM'o Letters by JoJin 
Wlllson's Wife of the 8th June, and '21st, being three 
Weeks after, before I received them, which was by reason 
of the long Passage of the Vessel. I could gladly have 
Avished that I could have written- to you when you were in 
Xew-Kncjlaml, but could not with safety in the Time of my 
Imprisonment, which was five AVeeks before they brought 
me to my Tryal, and this being the iirst 0])portunity, with 
Convenience, that I ha\e had since your Departure, which 
goeth by Mr. Georrje lleniJicoft, for Kngland, giving you 
an Account of Sir Eilmuml .l//^//'w.v. Proceedings. When 
1 came to my Trj^al my Intentions at first was not to have 
entered a Plea, and to have protested against the Jurisdic- 
tion of the Court; but finding the Court to be over ruled 



1680] Carteret's account of his trial. 317 

bv him, was forced to enter a Plea, and pleaded not guilty 
of what he alledgcd against nie in my Presentment ; and 
also was ready to make out and justify my Actings as 
Governor of NevyJerwij, to be legal and by Virtue of 
Power derived from the King ; to which purpose recom- 
njended to the view of the Court, my Commission with 
other Instructions to manifest the same, which was deliv- 
ered with a Chai'ge to the Jury, who after a perusal of the 
same by the Jury, was to make a return of their Verdict 
concerning it, with their Verdict in Matter of Fact, which 
was thus brought in by the Jury : The Prisoner at the 
Bar not Guilty — Upon which he asked them Questions and 
demanded their Reasons — which I pleaded was contrary to 
Law for a Jury to give Reasons after their Verdict given 
in ; nevertheless he sent them twice or thrice out, giving 
them new Charges, which I pleaded as at first to be con- 
trary to Law, notwithstanding the last Verdict of the Jury 
being according to the first brought in by tliem^ the. I*/-is- 
oner at t/ie Bar not Ga'dtij^ upon which I was acquitted 
accordingly, as you will [see] by a Copy of my Tryal which 
I here inclosed do send you, with the rest of Sir Edmund 
Andross Proceedings against me — If you cannot find the 
Book amongst Sir George Carteret, where all the Proceed- 
ings of N'eio-Jersey are Copied in, as Deeds Transports or 
the like from his Royal Highness to Sir George Carteret, 
you will lind the said Book in the Hands of Mr. Holder, 
the Dukes Auditor : Also to be mindful as there hath been 
a new Dividend or Alteration of the worst [west'^] Part of 
the Province where the Quakers do live from this, to take 
this opportunity for to have it renewed, that we may know 
the certain Bounds and Distinction of both ; and do like- 
wise advise you to address yourself to the Commissioners of 
the Ciistom-House, to whom I have also sent Copies of Sir 
Edrrmnd Andross Transactions, and also desire theii* 
Assistance to my Lady Carteret in this Business; and like- 
wise to make acquainted of the same both Sir Edward 
Carterefs, Doctor Darvall, Mr. De Maresipie, Capt. Me 



318 NKW .IKK^KV ( (»I,().\IAI, I >t •( IM 1,NT>. [1680 

strrr'n ^ and tlie ivst of iiiv Friends and .Vc(|ii:iiiitaiice there, 
to 1)0 Assistaiit.s for our I'elief in this Case ; and if j)o6sible 
fhcv ran to endeavour tlicir utmost means for the obtain- 
in:Lj: <'>ii" Powers ai^ain, and all Things to be confirmed and 
run in their former Channel "with us as they did before. 
1 lia\e wi'itten to my Lady C W/A/'//. about Amhoi/. ami 
some other concerns of my own, for which I would pray 
you to use your utmost endeavours to have a ii-rant of my 
rcijuest therein, and what lies in my Power shall uot be 
wantint; for the Su})ply of your Children, and uiindfull- 
ness of your ('oncerns here. By this o})portunity of Mr. 
lliiiilifoli, Capt. 7>y/v' is intended for Kiiglaiid, by which 
I thought good to advise you, to be observant in his 
^Motions, that he dotli uot Swai-e and llomauce against us, 
as he did the Time before, and l)y all opportunities that 1 
may hear from you, and to be very diligent of our cou- 
cerns in Knyhoid, leaving no Stone unturned that may be 
for our good, and as often as need doth re«juirt'. shall not 
be wanting in doing my Part in AVriting t() you by all 
< )pp<U'tuuities tliat doth pi'cscnt, the like I t'xpcct from 
you aiul so i-emain 

Yi))i I' <i)<-'<i' ri<l li'i'iiKj ]' rti iiil^ I*. C. 



(th/) cf tniiN i>T 1li< J' m Jnihlcfs dinl I /i /nilufil ills ill \\<iiiiJ- 
hi'i(l<je to J/dliiKj ('/unci of ./ii.sfics III Accuri/inici 
ii'iffi fill I iisi I'lirfiniix iif ( iiirifDoi' ^[ ml fo^:. 

IKinm \. V. t'ol. MSS.. ill Sccffhiiy of Stiitf's otlico. Alliaiiy, Vol. .\.\l\.. y. \X\.\ 

An (U-der being presented at a Publick Toune meeting 
at Woodbridge July 14 1680 to tlie Ffreeholders A: Iidiab- 
itants there from S"" Ednioiid Andrews Iv' CT(.>vernourr 
(u'ncrall Arc re(piiring them to make choice cV returne the 
names of three litt })ersons for kee})ing monthly courts, tV: 
detennining matters not exceeding forty shillings, beareing 
date 25"' day of June in the 32'"' yeare of his Maj""'" Raigne 
1()8<> 



1680] APPROVAL OF PISCATAWAY APPOINTMENTS. 319 

Wee the ffreeliolders iV liihaltitant.s having obtained a 
Graunt or Charter tVoiii Governuur Philip Oartei-et tte 
Conneil bearing date j*" first day of June 166*J, containing 
severail privileges, whereof one is, to Erect or Ordaynea 
Court of Judicature witliin their oune Jurisdiction, for the 
Triall of all Causes Actionab'*' A:c & power to choose their 
oune Mao-istrates to ioine with the President or -ludo-e of 
the s*" Court Arc doe hoi)e his flono'' will not infringe any 
of these our Priviledges therein grauuted, but will Con 
tinue us iu the same, therefore at present see no reason to 
make choice of any men for the end iu the sd order ex- 
pressed. 

By order of the Ffreehohiers cV: Inhabitants j)reseut. 

Sam^ Moore Toune Clerke. 



Aj>j>/'0(Utl ()f Vi><cidiiii'(ni Apj^KnntiitcriU. 

[From X. Y. Col. MSS.. iu Secretary of State's office, Albany. Vol. XXIX., p. 153.] 

By the Governour 

Upon the Keturnes from the Touiies of Pisscatacjua in 
Xew Jersey of Capt Henry Greenland, M'' Johu Gillman 
and M'' Edward Slaughter to bee Overseers ^ or . . . . 
for their Toune Courts, I doe Approve of their choice 
and together with auy of y^ Justices of ye Peace to keepe 
the Toune Courts and to heare and determine all matters 
not Exceeding Five pounds according to Law. 

Given under my hand in Xew Yorke this 25"' day of 
July 1080. 

ProceediiKjK of Council. 

[From N. Y Col. MSS., in Secretary of States ottice. Vol. XXIX., pp. IWt, 179.1 

At a Councill in New Yorke July 21 168(» 
-New Jersey Buisness upon Returnes from Eliz: Toune 
& Newarke for Clarke of the Cor"^ of Sessions, John War- 
ren & Jos . . . John Warren to bee Clarke 

1 The same were returned ''Members for ye Cort of Small causes, " August 4th, 
1680. Ed. 



320 xi:\v .tp:kskv roi.oxiAL norrMi;NT>. [16S0 

Tlie retiirne from Kliz: Tuiiiie c^: Xewarke : for Kliz: 
Toiiiie— M-" Isaac A Whitehead Sell^ M' Hen: Lvens M"" 
George liowe. 

?\)r !N"ewarke : M"" John Wartl, W Thomas .lolmson 
Capt Samnell Swaine 

A[)))rove(l to bee ( )ver8eers (or ottieers *fc together 
with the Justices of y'' Tonne &c lieare & determine all 
matters not exceeding 5 £ according to Law. 

^r Thomas Johnson to be Jnstice at Newarke as desired. 

A j)articulai- Comisioii for one year or further Orders. 

N. Y. At a Councill Arc July :i'» Ui^o. 

T'pon the retnrne from 15ei-ghen, npon being informed 
tliat none of did meete. 

Eesolved That Cornelius VanderBurgh, ife Gerrit Ger- 
ritye bee allowed. Ildyrck Clark Braedj 6c Elyas Miehaelye 
bee not allowed & . . . Tonne meeting to bee held 
Monday next at Berghen tor the naming of two others as 
also of a New Constable in the place of Capt Hans 
Diderick his time of ('onstable being long since expired 

Woodbridge. Sam: Dennis to be Clarke being one of 
the two retnrned cV: a Comission for a Xew Justice there dc 
a returne of the inferior officers forthwith bee made. 

Capt Hy Greenland a Comission to bee Justice at Pis- 
cattaway.* 

A peticion from W'" Meaker of New Jei'sey A: State of 
his Case for Release 

To lune his remedy at law according to iiis peticion. 

/*/■///■<</// /u/.s At/'/m-sf rliilni (iti'tiK. 
(From X. Y. ("ol. MSS.. in Se<irtary ol' Statf's otHcf, iVUiany. Vol. XXIX.. p. 18:1.] 

For having nttered scandalous and seditious woixls and 
Expressions agst the Go: 6c GovnT'. 

Whereas, John Curtis lately a I'risoiier at New Vorke 

1 On August 4th. 1C80, chosen also, with Joliii Oilnian and Edward Slater, to form 
the Court of Small Causes. Ed. 



1H80] WARKANT TO ARREST MOORE AND DENNIS. 321 

hav^ing by the Sheriffe been lett out upon Bayle to returne 
again to j^rison in some short time or wliensoever hee 
should bee sent for or have notice thereof, the which hee 
hath neglected or refused to doe, but .... lurking 
up & doune to keepe himselfe from Justice. These are in 
his Maj"*^* name to require 3'ou to make diligent search & 
Enquiry after the &'^ Curtis & if hee shall bee found within 
s*^ Towne & precinct that you forthwith . . & secure 
him & safely convey him into ye hands of ye Sheriffe of 
New Yorke, where Care shall be taken all charges unto 
you arrising on this acct hereto you are not to fayle, other 
matters to ye contrary at your own peril. Given under 
our hand & seal in Woodbridge this 4^'* day of Aug. 1680. 
To the Cor* at Woodbridge. 

Another left at Eliz: Toune for y*' Constable. 



Wa/'rant fui' the Arrest of Samuel Moore and Sanmel 

Dennis. 

(From N. Y. Col. MSS., iu Secretary of State's ollice, Albany, Vol. XXIX., ;>. 18-1.] 

Whereas, Samuell Moore of this place having been by 
us ordered & Comanded to give his attendance on the Go: 
at N. Y. to answer his signing to a paper in the name of 
the Toune whereon they positively refuse to obey S'" Ed- 
mund Andros, (the Governor) order by choosing officers 
for their Toune Co'*® & Samuell Dennis having likewise 
contemptuously refused the Go* choice of him to bee 
Clarke to the County Co'"' or Sessions, hee being one of 
those returned by the Justices for that Place, Hee the sd 
Moore, after having denyed to goe if he could heljje, slip- 
ping out of the way whilst a warr* was preparing for him 
after having refused his Comisions & also suspected to 
have a hand in promoting the Tonne's Result afores''^, it 
being drawne up with his oune hand writing as was sup- 
posed, & having fayled to come to us this day as hee 



322 m:\v .ikkskv (olomai, ixximknts. [1680 

})i'i>iiii>('(l. Tliesr arc in his Maj'"'' Xaiiic to rc(|uii-(' voii to 
n])]>i-flicii(l till' l)(»(lvs of tlic s'' Siim: Moore ^V: Saimu-Il 
Dennis as soon as tliey shall or can bee found within ye 
tounc A: precinct & that ye coniand some of his Ma"*"** 
li'ood suhjects of the place oi' iicii;Iil)oiirhood tci assist you 
therein, if wanted, as also in eoii\i'yin<f them or either of 
them if you cannot nu>ete with hoth to ye city <A' New 
Yorke to hee deli\'ere(l into the Siiei-ift'e's liands, whei'e 
Care will bee taken to satisfy all necessary eliai'i;e on tliis 
acct. Hereof you are not to fayle at your utmost jterill. 
Given uiulei' our hand and >eal at ^Voodbrid<re the 4"' dav 
of August 1<)80. 

To the Const at AV^oodIii'idi;\'. 



J */'ocec/h' />(/■'< (>f Ciiiiin-il. 

IFiom \. V. Col. MSS., in Si'civtniy of Slali'.s oliirc. Albany, '^'ol. XXIX. p. 187.1 

At a (N.uneell kv Aui; 1:V" IHSt). I'reseut tlie Go: 6c 

Couneill. All si.x of y'' ('ouiieill. 

JMr. Sam: ]\[oore a Prison' A- in the j't'oi't. His ineane 
Condicion many children A'c taken into cousideracion. 
Hee is oi-dered to bee released cV <i;oe homt' about his Ituis- 
nesse. His absentiui^ himselfe i.V: his ifreatest Fault, lice 
engaginij^ to behave himselfe as liee ought c'c acknowledg- 
ing his Error*' ik mistake. 

Dr \\'"' Taylor committed for abusi\e laniruai''e ay:.st (to: 
t^- (io\('rm' : brouglit out of j)rison b}- y'" Sheriffe. It was 
in N. -lersey, when ye Go: was there. Sj)oke before sev- 
erall members of y^" Assembly. 

To bee dismist, hee endea\-oiiring to gi\e security b)r his 
fiitiire good ln'ha\ioiii'. 

Jlee craving panloii for \v'" |)a>t t.V engaging a i^'foi-ma- 
cion iVc 



1680] OPINION OF byllynge's claim. 323 



Mi'iiioraiidu'in a.s- to Mr. Iji/Jh/ii(je\'^ Chihu. 

I From " Xew York Colonial DooiiiueutiS, " Vol. III., \i. -li<\.\ 

Alli>-U8t j'' G"' (SO) 

Mkmokaxd" M'' r>illii)g for liiiiiselfe and otliers hav- 
ing long insisted on their Right derived from y*^ Dukes 
graunt to Lord Berkley and S'' George Carteret (as Pro- 
prietors of West jS'ew Jersey in America) to be exempt 
from paving any Customes or other dutyes, or being any 
ways und'' y'' inrisdicc'on of Ne\v Yorke, but alleadffino- 
y** said West j^ew Jersey to be wholly independant there- 
from ; after many heareings by the appointem* of his It" 
High'^'* wlio >\-as pleased to referr y*" whole matter to y^ 
decision of Sir William Jones &*: At the last 8ir William 
Jones gave his opinion und'' his owne hand as followeth : — 

Sir Williain Junes' opinion abont West Jersey 

i>S July 16S0. 
I doe hereby humbly certify that haxing heard m' hath 
beene insisted upon for his Hoy" Jlighnesse to make good 
y*' legallity of y" demand of Five pVent from y inhabitants 
of Xew Jersey : I am not satisfy ed (by any thing that I 
have yet heard) that y*-' Duke can legally demand that or 
any other duty from y" inhabitants of those lands. And 
yt w'^'' makes y*^ case the stronger against his R" IP® is, that 
these inhabitants clayme und'' a graunt from his Koy" 
Highncsse to y*' Lord Berkley and Sir George Carteret in 
w'^*' gi-aunt there is noe reservac'on of any protfitt or soe 
much as of Jui'isdicc'on W. Jones 

In com])lyance to w*^'' opinion His Boy" Ilighnesse y* 
day 6 aug*' (SO) at Windsor did co'mand Sir John Werden 
to l)ring iiim a Deed of Confirmac'on (or Release) tendered 
by M'' ]^illing, tlie more lirmely to convey the said West 
jN^ew Jersey to him and y^ rest of the Fropreitors, and 



324: Ni:\V .lEKSEY COI.DMAI, I n K I MfJNTS. [1680 

pluiiicly to cxtinn-uifeh y'' Dciiuiiul ut' :in y C'listoiUL'.sor other 
(liityes from y'" (save y** rent reserved as at y^ first) And 
liis J{" IP'* tliongh his CouJicell at Law (Sir John Churcliill 
and Sir George Jeffreys Ijeing botli absent) had neither 
(hawne nor signed it, was pleased to execute y" same 
accordingly ; by reason y^ M'" I')illing urged y*^ necessity of 
it now, t(» liavc y*^ benetitt of the ships present voyadge, 
some being noM' ready to sayle into these parts of AVest 
New Jersev above nienc'oned 



(ii'iiiit front tlic Dul'e of Yoi'lv to WllUani Penn, GuiCcn 
Laione^ Nicholas Lucas, John Eldruhje and Kdmond 
^yarne^ for West New Jersey, In Trust for Edward 
Bijlhjiujt', to WJionithe Govern tiient is Conveyed.^ 

(From Oiigiiiul iu tlio New Jersey nistorical Society Libiaiy.] 

Z\\\$ ^lurtCUtUlt made the Sixth day of August Anno 
Dn' 1680, And in tlie Two and Twentyeth yeare of the 
Keign of King C'hakles the Second over England vtc 
I'ktweene his Royall Highness James Duke of Yorke 
and Albany Earle of Ulster ifec And Brother to our Sove- 
raign Lord the King of the one ])art Edward Byllinge of 
Westminster in the County of IMidd'x (ientl: AVilliam 
Penn late of Rickmansworth in tlie (.ounty of Hertford 
and now of Warminghurst in the County of Sussex Esq^ 
(iaweii Lawry of London Merchant Nicholas Lucas of 
Hertford in the said County of Hertford Maulster John 
Eldridy;e of S* Pauls Shadwell in the Countv of Midd'x 
Tanner and Edmond Warner Citizen of London of tiic 

1 Sovcriil of the oii;;iiial {iraiits and conveyauci'S conncited with the transfer of 
West JcFHey are not known to exist. As tliey were Hnporsetled liy hitor docuineuts, 
it in piesnnied their preservation was deemed unneeessary. Two of these are: 
Ist. Deed from Lord .John Berkeley, for Ids interest in New Jersey, to Jolin Fen- 
wieke. in trust for Edward Hyllynfje and his assigns, Mareh lf<tli, lti7;»-4 ; 2d. Deed 
from Edward Byllyn;ie to William I'enn, Gawen Lawrie and Nieliolas Lncaa, iu trust 
for tlie ItenelU of his cn-ditors- I,awrie and Lncas beinjr two of them— February 14th, 
Ui7-«-5. The (luiutipartite deed of July Ist, Itut., and the j;rant here inserted rendered 
lUeso aud others nugatory. Eii. 



1G80] GRANT TO WM. PENN AND ASSOCIATES, 325 

other part Whereas our Soveraign Lord the Kings Ma"'' 
in and by his Letters Patent under the Great Seale of 
Enojland bearino; date the Twelftli dav of March in the 
Sixteenth yeare of his said ma*''''^ Reign ^irt (amongst sev- 
erall otlier tilings tlierein nienc'oned) give and grant unto 
liis said Royall Plighness the said James Duke of Yorlce 
his heires and assignes %\\ that Tract of Land Adjacent to 
New England in the parts of America and lying and 
being to the westward of Long Island and Manhattas 
Island and bounded on the East part by the Maine Sea and 
part by Hudson's River and hath uj)on the west Dellaware 
Bay or River and extendeth Southward to the Maine 
Ocean as farr as Cape May at the Mouth of Dellawai-e 
Bay and to the Northward as farr as the Northermost 
branch of the said Bay or River of Dellaware which is in 
one and fforty Degrees and fforty Minutes of Lattitude and 
Crossing over thence in A. Streight Lyne to Hudsons 
River in one and fforty Degrees of Lattitude Which said 
Tract of Land was thereafter to be called by the name 
of New Cesarea or New Jersey with all the Lands 
Islands Soyles Rivers Harbours Mynes Mineralls Quarries 
Woods Marshes Waters Lakes ffishings Hawkings Hunt- 
ings and ifowlings And all Royaltyes profitts Comodities 
and Heriditaments to the said p'misses belonging and 
appertayning with their and every of their appurten'nces 
And all his said Ma"^* Estate Right Title Interest benefitt 
Advantao;e Claime and demand of in and to the same 
prmisses or any part or parcell thereof, And the Reversion 
and Reversions Remainder and Remainders Together with 
the yearely and other Rents Revenues and profitts of the 
same and of every part and parcell thereof <bO hold unto 
his said Royall Highness the said James Duke of Yorke 
his heires and assignes forever to be holden of his said 
Ma"'' his heires and Successors amongst other the things 
therein granted as of his Ma"''*' Mannor of East Greenwich 
in his Ma"*"^ Ccnmty of Kent in ffVee and Convon Soccage 
and not in Capite by Knights Service under the yearely 



320 XEW .IKHSEY COI.ONIAI. tioCCMKNTti. [IfiSO 

Kent tlicrcin iiU'iic'oiuMi ^ud Wheivas his Knyall High- 
ness the siiid elamt's Duke «»t' ^'oikc Did hereto to it' l)y 
severall good and sufticicnt Conveyances and Assurances 
under his hand and scah- duely executed and (hitcd the 
'I'liree and Twentyeth and fower and Twentyctli (hiies of 
dune In the Sixtt'cnth year ot'liis said ^[a"'" Reign (i'or tlie 
(•onsi<U'ration tlicrcin niciic'onod) (ii'aiit and Convey the 
said Ti'act of l>and and p'^niisses before nienc'oned unto 
dohn T.ord 15cikU'y Uamn of Stratton and one of his Ma"!"' 
most 1 loiio''!'" Privy Connccll and S' (ieorge Carterett <.d" 
ISaltrani in tlic County ctf Devon KnI and Haroiictt and one 
of his Ma"r nn»st Jlono''.'"' Pi-ivy Connceil and riicir hcires 
the said Tract (»f J.and an<l p'inisses before perticnhirly 
nienc'onc(l .\n<l the Kcvers'on and Ke\'ers'ons Ueniaindei' 
and Ileniain(h'rs of tlie same tEo hold unto the said John 
Lord Berkh'V and S'.' Ceorgc Carterett theii- lieires and 
Assigiu's l'orc\'cr \ n(K'r the yi'arely Kent of Twenty Nol»h's 
Sterh'ng ])ayab]e as the same is therein rcser\cd to l)e paid 
J^urt ^Vhereas tlie said .lohn Loi'd l)erkeley Did afterwariLs 
Convey All his full and \iidi\i(lcd JMoiety (d'all and singn- 
lai" the same [I'mi^ses unto .lolm ft'enwick Ksqf ids lieires 
and assignes for ever 1 .\ ']'i;i>r And bv the said dohn 
iVcnwick o\vne(l to he in tru^t for the said Edward 15yl- 
lynge Ins heii'es and assignes for ever %\u\ the sai<I John 
ffenwi<d< afterwards by tlie Consent and direction of the 
said Edward Bvllinge And als(i the said Edward Bvllinge 
Did Convey the said N'ndivided Afoiety of the p'ndsses 
unto tlie said William Pcnn (^awen l^awry and Nicholas 
Eiicas and their hcires to the uses following (that is to say) 
As to Tcnn e(|iiall and \iidi\ided Hundred parts thereof to 
the use of the said .John ft'cnwick and of his hcires and 
assignes forevt-r Ano as to tlie other Nyncty eijiiall and 
\ndi\ided parts Itcing the residue id' the said Vndivided 
Moiety To the use of tht; said William Peiin (lawen J^awry 
and Nicholas Lucas their lieires and assignes for ever 
Ln Tkisc for the said Etlward llyllynge his hcires and 
assiu'iii'S fori'\t'r. Ai'iij; which the ^aid ddjm tleiiwick 



iriSO'l ORANT TO \VA[. TENN aN^d associatp:^;. ?)27 

Conveyed All liis said Ten ecjuall and Undivided Hun- 
dred parts of the said Yndivided Moiety nnto JohnEdridge 
and Edmond Warner tluMr lieires and assignes for ever 
Ani> tlie said John Edi'idge and Edmond Warner Did 
Convey the Same Tenn eqnall and Yndivided Hundred 
parts unto the said William I^enn CTawen Lawry and 
NichoUis Lucas their heire.s and assignes forever Tlie better 
to enabk^ them the said Edward Bvllynge AVilliam Penn 
(lawen Lawry and !Niehohis Lucas to make a Partition of 
the said Litire p'misses with the said Si" George C^arterett 
<3liu1 WUcvca.5: afterwards upon A Partition made of the said 
whole and Intire ]/misses between tlie said Sr George 
Carterett And the said William Penn (4awen Lawry 
i^icholas Lucas and Edward Bvllynge Tue Said Sr 
George Carterett Did bargain sell Release and conlirme 
unto tlie said William Penn Gawen Lawry and Nicholas 
Lucas their heires and assignes forever ^U that West- 
ERNLV part share and porc'on of tlie said whole and 
Intire Tract of Land and p'misses before menc'oned which 
is extending Southward and westward and ]S'orthward 
along the Sea CV)ast and the l)efore menc'oned Bay or 
River called Dellawark Bay and Dellaware River 
unto a certain Point there now called the South Partition 
Point being the most Soutliwardly Point of the East side 
of a certain place (»r Harbour lying on tlie Southern part 
of the said Tract of Land and p'misses called or known in 
the Mapp of the said p''misses by the name of Little 
Egg Harbour and a certain other Point there now called 
the North Partic'on Point being the most Nortlierly 
Point Branch or part of the said River called Della- 
ware River And from thence (that is to say) from the 
said North Partic'on ])oint extending Southward mito 
the said South partic'on point by a Streight and direct 
Lyne drawn through the said Ti-act of J^and from the said 
Norlli partic'on point nnto the said South partic'on point 
by the Consent and agreement of the said partyes now 
called the Lyne of partic'on and by them intended for the 



32S NEW JERSKY COLONIAL DOCUMENTS. [1680 

dividing and making a partic'on of tlie said "NVesternly Part 
sliare and porc'on from the Easternly part share and por- 
c'on of the said Tract of Land and p''misses And all and 
every the Isles Islands Kivers Mines Mineralls woods 
ffishings Ilawkings Huntings ftbwlings and all other Roy- 
alties Powers tfranchisc'S Harbours profits Comodities and 
11 ereditanieiits whatsoever unto the said Westernly part 
share and porc'on belonging or a])pert(_'vning And all the 
Estate light title and Interest Clainie and demand whatso- 
ever of him the said S'.' George Carterett of in unto and 
out of the same And the Peverc'on and lleverc'ons 
Remainder and Remainders of the Same and of every part 
and parcell thereof ^U which said Westernly part shai-e 
and pore'on was then and now is by the consent and agree- 
ment of the said parties the said Sr George Carterett 
William Penn Ciawen Lawry Nicholas Lucas and Edward 
Byllynge called and agreed from thenceforth to be called 
by the name of West New Jersey and all that and only 
all that part share and porc'on and all those parts shares 
and ])oi'c'on of the said Tract of Land and ])'"misses Soe 
Conveyed l)v the said James Duke oi Yorke unto the said 
John Loi'd I*)erkeley aiul Sr George Carterett as aforesaid as 
lyeth and lye extended westward and Southward fi-om tlie 
west side of the said Lyne of ])artie'on before mene'(^)ned 
(To hold unto the said William Penn Gawen Lawry and 
Nicholas Lucas tlieii- lieires and assignes in severalty to the 
use of them their heires and assignes forever Upon which 
])artic'on soe jnade They the said AV'^illiam Penn (Tawen 
Lawry and Nicholas Lucas became seized of All that 
Westernly part of the said p'misscs now (-ailed AVest 
New Jrrsey with the appurtenances in severalty And 
being Soe siezed juirsuant to a Trust for that purpose 
re])osed in them They Conveyed Tenn full ecpial Yndi- 
vided Hundred parts of the said westernly j)art of the said 
))'misses called AV^kst New Jersey unto the said Jolni 
Kdridge and Ldniond Warner and tlu'ii- heires Si'O hold 
unto them and tiieii- heires To tlie use of them and their 



1680] GRANT TO WM. PENN AND ASSOCIATES. 329 

heires for ever And the said William Penii Gawen Lawry 
and Nicholas Lucas remaining still siezed of the other 
Ninety equall and Vn divided Hundred parts of the said 
Westeenly part of the said p'misses called West New 
Jersey to them and to their heires for ever But Alwayes 
In Trust for the said Edward Byllynge his heires and 
assignes for ever ^ml ^VUcVfHiSi since the making and 
Executing of the said Conveyance soe made by His 
said Royall Highness unto the said John Lord Berkeley 
and Sr George Carterett as aforesaid And in the Times of 
the late wars between his said Ma"" and the States of the 
Ynited Provinces of the Netherlands The Armies and 
Subjects of the said States Gained the possession not only 
of the said p^'misses Soe by his said Royall Highness Con- 
veyed unto the said John Lord Berkeley and Sv George 
Carterett as aforesaid But Also of other the Lands and 
hereditaments which were originally granted unto his said 
Ro^'all Highness by his Ma"f* said Letters Patent herein 
before recited All which were afterwards required from the 
said States or by them delivered up unto his said Ma*!'' 
%\n\ W\\txei\^ his said Ma".'^' Did by other his Letters Patent 
Dated the Twenty Nyneth day of June In the Six and 
Twentyeth yeare of his said Ma"f* Reign Grant and Con- 
vey unto his said Royall Iliglmess and his heires for ever 
As Well the said Tract of Land and p'"misses hereinbe- 
fore recited to have been Granted and Convej-ed by his 
said Royall Highness unto the said John Lord Berkeley 
and S'." George ■ Carterett as aforesaid As all other the 
Lands and Ilereditam*." In and by the said herein first 
before recited Letters Patent granted or menc'oned to be 
granted ^ntl H^'tecreasi by the said severall Grants soe made 
by his said Ma*!*^ unto his said Royall Highness as aforesaid 
Severall Powers and Authorities are and were given and 
Granted unto his said Royall Highness his heires and 
assignes To Be Executed by his said Royall Highness his 
heires & assignes or by the Deputies Agents or Comm'.* of 
his said Royall Highness his heires or assignes which are 



330 XKw .)f:i;skv coi.oxiai. doci'Mknis. [lOsu 

iieci'ssary .\s\vl'1I for the J'laiitiiiii' rc()]iliMiin" juhI Iiuprove- 
iiii; of all and ovi*rv the rcspcctivt' Lainls j»laces and Tcrri- 
tnrifs rlicifltv iii'aiit('(l As\> tor tlu' Transporting- rliitlier 
l"i<»ni time to time such (d' his Ma"!"" Subjects as sliouhl he 
willint;- to ii'oe or to he Transported into th«»se parts or any 
of tliiiii As for tlie I)efen(Hng Gnardino- lvee})ing of the 
ISame As also for tlie well (Governing of the same and of 
all such as are and Shalhc Inhahitino; in the same Axn for 
tlie makeiui;- ordaining and P^xecnteing" of necessary and 
conxcnient Lawes and Constituc'ons in oi'der to such Go\- 
ernment and the punishing and j)ardoiiing offences and 
otlenders as occasion shall re(|nir(' And to Nominate Make 
Ordaine Constitute and ('oiitirnic Axd also to Revoak 
Dischai'ge Change and .Vlter all and singular (io\ i-i-nours 
otficors and Ministers which l)y his said lioyall Highness 
his heires or assignes shalbe tVom time to time thought titt 
or needfull to be made ordained ai)poiuted or used in tlu' 
said parts or places or any of them And to doe all other 
things needful] uscfidl aud necessary for the well (Jovern- 
ing Kee])ing Defending and 2)reserving the said respective 
IMaces and Territories and of every of them and all such 
as are and shalbe Iidiabiting there ^loiv thc.O'C pvceicut.si U'it- 
\\($$ That foi- and in Consideration of aComj)etent sume of 
Lawful! Kngli>li moneys unt(^ his said Royall Highness in 
hand paiti and for the better Kxtingnishing All such 
Claimes and demands as his said iioyall Highness may 
any waves ha\e of or in the jt''misses aforesaid now caMed 
Wkst Xkw J kkskv tu' any part of them And tbi- the 
further and better Setling Conveying Assuring and Con- 
firming of the same and of e\ery ])art theivof Accoi'ding to 
the l*ur|)ort and true nu'aning of these p'nts His said 
Koyall Highni'ss Tlie said .lames Huke of Vorke ?\ath 
Granted bargained sold and ('ontirmed And by these p'nts 
Doth (irant Uargain Sell and (,'oidirme unto the said 
William I'enn (iawen J^awry Nicliola> huca> .John Kdridge 
and Kdmond Warner !^ll That part share and jjorc'on and 
all those parts shares and pore'ons of All that lutire Tract 



1680] (jRANT TO WM. ^EX^'^ and associates. 331 

of Land Ani> all those lutire p'luisses Soe (Ti-auted bj his 
said Royall Highness unto the said John Lord Berkely 
and S'" Georg-e Carterett and their heires as aforesaid As in 
b}' and upon the said Partie'on aforesaid was and were 
vested in the said William Penn Gawen Lawry and I^Ticho- 
las Lucas and their heires and then agreed to be called 
b}^ the name of West New Jersey Together with all 
Islands Bayes Rivers Waters Forts Mines Quarries Royal- 
ties ffranchises and appurteiTnces whatsoever to the same 
l)elonging or in any waves appertaining And All the 
Estate Right Title Interest Reverc'on Remainder Claime 
and Demand whatsoever As Well in Law as in Ecpiity 
of him the said elames Duke of Yorke of in unto or out of 
tlie same or any part or parcell of the same As Also the 
free Yse of all Bayes Rivers and Waters Leading unto or 
lying between the said p'misses or any of them In the said 
parts of America for Navigation ffree Trade thshing or 
otherwise ©o havf and to Itohl unto the said William Peim 
Gawen Lawry Nicholas Lucas John Edridge and Edmond 
Warner their heires and assignes for ever Wo the Yses fol- 
lowing (that is to say) As to Tenn Equall and A^ndivided 
Hundred parts thereof To the Yse of the said John 
Edridge and Edmond Warner and of their heires and 
assignes for ever And as to the other Ninety Ecpiall and 
Yndivided Hundred parts thereof To the Yse of tliesaid 
William Penn (irawen Lawry and Nichohis Lucas and of 
their heires and assignes for ever ^tt ®ru,$'t Netektiielesse 
for the said Edward Byllynge and for his heires and 
assignes for ever |j|icUU»(l and paying thtn-efoi-e yearely for 
the said whole Intire p'misses nnto his said Royall High- 
ness his heires and assignes the yearely Rent of Tenn 
Nobles of Lawfull English monc^y At or in the Middle 
Temple Hall London At or upon the ffeast day of S' 
Michael th' Arch Angell %m\ thc.$f uuto fuvthcv wntnf,$6f 
That for the better Enabling the said Edward Byllynge 
his heires and assignes to Improve and Plant the said 
p^'misses with People and to Exercise all necessary Govern- 



332 NEW .lERRFA' COT.ON'TAL POrrMEXTS. 16S0] 

ment tliere wliereln- the said })''niisses may Ite tlie better 
Improved and made more A'sefull to liim his lieires and 
assignes and to the Kings Ma"" His said Royall Ifigliness 
Itath Likewise (4iven (i ranted Assigned and Transferred 
and doth bv these p'nts Give (Trant Assigne and Transterr 
to the said Edward Byllynge ^U and every sucli the same 
Powers Authorities Jurisdictions Governments and otlier 
matters and tilings whatsoever which by the said respective 
recited Lettrs Patent or eitlier of them are or were Granted 
or intended to be Granted to be Exercised by his said 
Royall Jlighncss his heires Assignes Deputies Ofhcers or 
Agents in u})0n or in relac'on unto the said p''misses hereby 
Confirmed or intended to be Confirmed and every of them 
In Case the same were now in the Actfal Seisin of 
his said Royall irighness ^o \it held Enjoyed Exercised 
and Executed by him the said Edward Byllynge his heires 
and assignes And by his Deputyes Officers Agents and 
C<»mm'".*' As fully and amj)ly to all intents construcc'ons 
and purposes as his said Royall Highness or his lieires 
might could or ought to Hold Enjoy A'se Exercise or Exe- 
cute the same by force and vertue of the said severall and 
respective before recited Letters Patent or either of them 
or of any thing in tliera or either or any of them conteyned 
or otherwise howsoever ^n "^Vitttfi&'iSlC whereof the partyes 
to these pre'ts have hereunto Inteuciianoeahlv sett their 
hands and Si-ales The day and yeare first above wi'itten. 

James 

[On tbol.aik.] 

Signed Scaled and Delivered by his Tioyall Highness 
James J)nl<c' of Yorke within named In the p'"sence of 

Jo We:rden 
Tnos Hey wool) 



Thomas Heywood maketh oath that he the day & yeare 
within written saw liis Highness the Dnke of Yorke signe 



1680] MIDDLETOWN MATTERS. 333 

Scale & as his Act and Deed deliver this Indenture to the 
Yse within niene'oued and afterwards subscribed his name 
as a witness 

Jur 3^' die Sept 1680 Tno: Heywood 

cor'a nie Mg'ro Cann 

J. Clekke 



Touni Clerk of Middletov^ii to Governor Andros. 

[From N. T. Col. MSS., iu Secretary of State's office, Albany, Vol. XXIX., p. 1S9. 

Hon'° 

Sir: the Cuntsable haveing convened a towne Meeting 
acording to your order and your Order Read of concern- 
ing the Choosing of three men for the trying of small 
causes, but noe vote was passed. 

James Bowne 

Town Gierke 
Midle Towne 19"> of Auirust 1680 



From John Bowne to Governor Andros. 

[From K. Y. Col. MSS., in Secretary of State's office, Albany, Vol. XXIX., p. lilO.] 

s« 

By these you may understand that I have received tlie 
order for houlding of a Court of Sessions at Shrewsbury 
and other orders therein contained I have indeavored to 
efect but .... obstructing in a large measure for I 
am very 111 myself, soe as not being capeable to goe abroad 
& Mr Peter Parker is very weake, more like to die than 
to live, whom I have maid ... I beg your excuses. 
Not els at present but y*" I am S*" Your loving friend and 
servant 

John Bowne 

Midelltown 20**' of Agust 1680. 



334 NEW .ip:rsey colonial documents. [1680 



Case of Willidni M"h'r^ .\<i<(iii'<l Williinn r<ii<J<ni. 

[Vrom N. Y. Col. MSS.. in SfcreMiry of Stale's ottice, AU>aii.v, Vol. X.XI.X., pp. -iW, 
■2\i. OIK. i!J7, •->-.'8.J 

At a Court of Sessions held at Eliz: 

I'owtie . . . for yc sd Towne and 

yv Towne of N'warke ye s"' Aiiij"^ 

|Se|)teni])er^] 1680 

Win Meeker In ye case betweene ye })'" ^V: Deft 

|t"' ye ]>ltf (leclai'ini;- in an action for tres- 

W" I'ardon passe and . . that ye Deft for seve- 

Deft I'al years past kecj>t him out of his 

liouse i\: aeconmiodatioiis in ye s** KHz: 

Towne \' sie/eii upon ^V: cuiivertetl to liis owne use liis 

stock therein; an Inventory whereof was produced in 

Court ye whole to his (hinuige 3tMi i'. after a full heai-ing 

on l)oth parties <k^ divers evidences i»roiluctHl ye same 

iK'ing referred to ye Jury, they hroiiuht in their verdict 

tor the pltf, that he should be rei)ossest of liis Estate with 

costs leaving ye damage to yc consideration of ye Co""' 

The Count d<^>e appeal |ap])rove '.\ of ye verdict of ye dury 

iV' give .Judgment accordingly and further that ye Deft ])ay 

damage to ye pltf \& sunie of Twcutie ])i)unds by order of 

ve Court of Sessions. 



IsM.'U- AVliltclicad to ("a|)t;iiii Xicolls. 

CaI''^' ?SlCoLI.S AM) Mltn ivESTKcrKD 

SiK After my Service ])i'esented these are to let you 
understand M'" Ogden desired me to write a I'l'w liens to 
you to signitie to you that Caj)'": ( 'arterett sent his Clarke 

1 Wii.i.ivM Mkkkku, the plaiatiH'iu this case, lnlil il tlici- oi ( oii-italilf. anil was 

an acliM' adherent of Captain James Carteret. U iviiii; ln'cn one ol' the ))rincipal 
iirlorn in a case which was tliou;jIil to iiuiMiLTM the aniliority of the rciinlar <;o\ cm- 
nient. he was snb.jorted to a fine, and for the part he took against AVilliani Pardon, 
his property was ciutiscated and awarded to l*ardoii, and hence this suit. — "East 
Jersey Under the I'roi)rietaries ; '' llatlield's " Klixubetli.'' En. 



1680] WILLIAM MEEKER /'s. WILLIAM FARDOX. 335 

to You .... to take a Copie of y® Declaration 
against M' Pardon and y'' names of y*' dury and of y*" fore- 
man of y*^ Jury Alsoe Goodman Meeker n2)on y*' 14"' of 
this Instant meeting M"" Pardon against y*^ Sniitlis shop of 
Cap''"- Carteretts wherin was Robert Stevens and Joseph 
Whitehead who lieard (loodman Meeker Demand of M'" 
Pardon a Repossession of his Estate according to ye Judg- 
ment of y*" Court M'" I*ardon wouhl not make answer to 
him presently upon which (ioodman Meeker said to M"" 
Pardon I must have an answer from you one way or other 
M*" Pardon then re]>lyed to goodman Meeker 1 Dont know 
whether I shall or noe goe about your bussiness : not more 
at present your most Humble Servant 

Isaac "Whitehead 
Elizabeth Towne September l-t"' 16S(») 

if it please you y*^ Constable Came to me after I had 
write this letter before I had sealled it and Said he had 
been with M"" Pardon to demand y*^ Court Charges and he 
answered him that he wotdd not have time to give him the 
heareing y'' Constable sayth lie hath been M'ith him three 
times ])nt can have no satistieino- answer. 



Petition of WilliaiJi Pardon to Governo]' Audros, 

To His Exellency S"' Edmund Andross Knight Sen'" of 
S* Maria Gent and Go^'" Gen""" And vice Admirall 
Under his Hoy all Iliiihness James Duke of York — 
And of all His Territo''^'* in Amerika and His Councill 
at ffort James. 
The Humble Petitions & Adress of AVilliam Pardon of 
Elizabeth towne in New Jersey Humbly ShoM^eth. 

Tliat there haveing been An Action of Trespass & . . 
Comenced by W™ Meaker pi? against yo"" Petition'' AV" 
Pardon Deft in the Countey Court held at Elizabeth town 
the Eight Day of this instant ; Avhich Action being called 
yo'' petition'' Craved of the Said Court that he might have 
respitt untill the next Court to bring in his plea, for that hee 



836 NEW .lEKSKY COLoMAI, IXXIMKNTS. [1680 

was IK it prc|);ired, liis AVittiiesscs cV; other matters Ksceii- 
tiall t(» the Case could not be brouii^ht in at soe short warn- 
in<i;. in order to a full and faire heering (thoui^h yo"* peti- 
tion'' in Respect to the Court did appeare w''- hee nii<::ht 
Lawfully liave forborne) with intent to have been better 
prepared But the Court haveing not full information over 
Kuled the matter to a proceeding, (though he had reason 
to Exept against most of the Jury and severall of the 
Court) it was brought to Judgem*^, which yo"" Petition"" 
humbly Conceaveth to be a Surprize and contrary to Law. 

]\[ay it please Yo"" Exelency to Give Order for Sus])end- 
ing Execution of the said Judgement by Granting yo"" peti- 
tioner to have the priviledge of a Keveiu and that in . . 
Convenient tyme the Case l)y })ersons unconcerned may be 
brought to a full lieering otliei'wayes yo"" Petition'' may 
have his Estate drawn from him iV: s<|uaiulered i^: abused 
as formerly and hee bi-ought by another process to prose- 
cute his wrongs uppon such as may not be able to make 
sattistaction and soe prosecute poverty to his Kuein 

And Yo'' Petition*" as in Duty bound Shall pray See. 

SeptV 14'? IGSO. 

Letter of William Pardon to Captain Nicoll.s. 

Cap'"" Nicolls 

Sir after Due Respects these are to informe you that I 
am informed W" Meaker is very busie Yo'"ke w"' S"" 
Edmond or other otHcer for p]xecution of the Judgem' at 
Court against mce w"' i)retence that I am makeing away 
my Estate to Defraude w'' is very untrue, 1 beleive the 
desii^ne is to cast me off from the libcrtv w'' the Law 
allowes in 14 dayes after Judgement w'' 1 am now about 
and which in two dayes or there-about have ])rcparcd my 
matter to Come to Xew Yorke about it humbly Craveing 
that Execution nuiy not Come forth too hasty wh 1 begg 
you to imparte to S"" P^dniond in haste Kcmaine 

Yo'' humble Serv', William Pardon. 

Elizabetlitowne in New Jersey Sepf 15"' 1680. 



1680] wiLLiA:\r mekker vs. avilliam pardon. 337 

Letter from Joliii A\ arreii to ISir Edmund 
o,R. Audros. 

I doe iiuboldeii myselfe to give you the troble of a line 
of two upon the rejutlgt of William Meaker to give you an 
account of our jjroceedings here that we may bee the y*^ 
better informed by your directions we have been Mdth M'" 
Pardon and made demand of y® Judgment of y** Court 
which was that he should make a delivery & reposses y" 
3*^ William Meaker into his Estate which he [William] 
Pardon hath and doth still detaine from him, but his 
answare was that lie did not see it his way soe to doe, nor 
would not doe it and likewise deniese to pay Court Charges 
their for me. hope that j^ou will take some speedy Course 
in it for me hand . . . Stayd in Expectation to here 
from you about it but we hope to here from you by this 
bearer, Soe haveing nothing else att present but my humble 

service to you I . . . . 

yours to command 

John Warren 
Eliz: Towne Sept: y« 2S'^ 1680. 

I have inclosed y^ proceedings of y*" C\»iirt iny*^ Action. 



Jie/etMe of Jaini's, Diil^e of J\>/-1', to Slj- Geoiujv Carteret, 
{Grandson and Jleir of the Or'njhi(d Proprietor^ for 
Kast Jersey. 

[From Original in the Lihiaiy of the New. Jersey Historical Society.] 

®lti$ B'jUtkUture made the tenth day of September 
Anno Dili KJSO ^ and in the two and thirtyth yeare of the 
raigne of our Soveraigne Lord King Charles the second 
over England Scotland Ifrance and Ireland King Defender 
of the faith &c ilctlVfCMC his Tioyall Highnes James Duke 
of York and Albany Earle of Ylster &c and brother to our 



1 From the certificate at the close, it appears not to have been sijined before 
October 16th. Ed. 



3ns MW .IKKSKV COLUMAI, J>o( TMINTS. [16^0 

Soveifiiifiio Lord the Kiii^' of the one ])art And the hoiio*''*" 
8^ (leor^e Carteret of ihiwiies in the County of Bedford 
]^>ai-' (irandson and lu'irc of the hon''|"' S' (4eorge Carteret 
late <tf Saltrani in tlie ('(innty nf Devon knii»:ht and HarJ 
deceased of the other |>ait HVhfveaiSi our Soveraii^-ne Lord 
the Kiiiiis ^laV in and hy ]\\> Letters Patents \ iider the 
^reat Seale of Kiiiiland l)earing date tlie twelftli (hiy of 
March in tlie sixteenth yeai'e of his said Ma'^P ral»!;ne J)id 
ainonii'St several! other things tlierein mentioned i^ive and 
^rant vnto his said Kovall Jliuhnes the said James Onke 
of York his heii'es and Assignes :^U that Ti-actof Land adja- 
cent to New England in the parts of Ameriea and lyinir 
and Iteiiiii' to the westward of Lon^- Fsland and Manhattas 
Island and bonnded on the Last, part by the ^Faine Sea 
and ]»art by Hudsons Ki\er and hath vpjiou the Wi'st 
Delaware l^ay or River and extendeth Southward to the 
Maine Ocean as far as ('a])e May at t\w Month of Delaware 
l>ay and to tlie Noi'thward as far as the Nortliermost 
branch of the said 15ay or Kiver of Dehiware which is in 
one and foity decrees and foi'ty minutes of Latitude and 
t-rossinii' o\ei- tlieiice in A. Sti'aight Lyne to lludsons Ri\er 
in one and forty degrees of Latitude which said Ti-act of 
land was thereaftei" to be called l)y the name of New 
Cesarea oi* Ncm' Jersey with all the lands Islands Soyles 
Ivivi'rs Harbours Mines Mineralls (,)uarryes "Woods Marshes 
waters Lakes ttishings Hawkings Huntings and Ifowlings 
and all other lioyalties pi-ofitts Com'oditys and heredita- 
ments \ nto the said [>'mises belonging or ap])ei'taineing 
with their and every of their a])]>'ten*ces Ami All his said 
Ma"!'*" Estate Rij'ht Tvtle Literest benetitt advantay;e Clavme 
and Demand of in and to the same p'misses or any ])art or 
parcel! thereof and t!ie Reverc'on and Reverc'ons Remain- 
dei- and Kemain<lers togeather with the yearely and <)ther 

Kevennes and profitts of the same and of 

every pai't and pai'cel! thereof To noLDK Aiito his said 
Ivoyal Llighnes the said James Duke of Yorke his heires 
and Assiirnes forever to be holden of his said Ma'%'' his 



1680] DUKE OF YORK TO oaktkret's GKANDSON". 339 

heires and Successurs ainoiio-st other the thiiig?^ therein 
granted as of his Ma'f Man'or of East Greenwich in his 
Ma'f Connty of Kent in free and Conien 8oceag-e and not 
in Capite or By Knight-Service vnder the yeareiy Eent 
therein nienc'oned %m\ WllfVca.s' his said Eoyall Iliglines 
the said James Dnke of York did heretofore by severall 
good and sutticient Conveyances and Assnrances vnder his 
hand and Seale dnly Executed and dated the tAventy third 
and twenty fowertli dayes of Jnne in tlie sixteenth yearc 
of Iiis sd Ma"^^."** raigne for the Considerac'on therein inen- 
c'oned Grant and Convey the said Tract of hind and p^'niises 
before nienc'oned to Jolin Lord Berkley Bai-ron of Strat- 
ton and one of his Ma'7' niost liono^"'^ l^i'i^'J Conncell and 
vnto tlie said S'" George Carteret the Grandfatlier of Sal- 
tram in tlie Connty of Devon Knight and Bar^ and one of 
liis jVEa'^.*^^ most liono''.'*' Privy Councell and their heires the 
said Tract of Land and p'niises before pticuhiidy menc'oned 
and the R.everc'on and Reverc'ons Kemainder and Remain- 
ders of the same (Ipo holtU vnto the said John Lord Berkley 
and S'. George Cartei'et the Grandfather their heires and 
.\ssignes forever vnder the yea,rely rent of twenty Nobles 
stciling payal)le as the same is therein reserved to be Jjayd 
^U(l U'hcvraiSi vppon A partic'on made of the said whole and 
Litire ])''mises betweene the said S'" George Carteret the 
Grandfather and AVilliam Penn of Warminghnrst in the 
Connty of Sussex Esq'.' Gawen Lowry i)f London Merchant 
Nicholas Lucas of Hertford in the Connty of Hertford 
JVlalster and Edward JiJyllyngof W^estmiiister in the County 
of Midds gent: in whom the fee simple of the Lord Berk- 
leyes moiety of all ife singular the said j)'"mises by good and 
sutticient Conveyances was then Vested. The said William 
Penn (Tawen Lowry and Nicholas Lucas and Edward Bil- 
ling Did Bargaine Sell Pelease and Conhrme vnto the 
said S'.' (-reoi-ge ( arteret the (irandfathei- his heires and 
Assignes forever. All that Easterly part share or portion 
and all those Easterly parts shares and Easterly porc'ons of 
the said v.diole and Intire Tract of hand and p'lnises before 



r54(» NKW .IKKSKV (ut.OMAr, I »t >< IMKNTS. [ITiSO 

menc'oned extending Eastward and Xortliward aloriir the 
Sea Coasts and the sd IJiver called Uudsons liiver tVoiii 
tlie East: side of A certaiiie place or Harbour lying on 
the Southerne part of the same Tract of Land Coin'only 
(•all(Ml or knowne in A Maji of the said Tract of Land by 
the nauu' of little Eii'o'e Jlarbonr to that part of the said 
IJiver called Ilndsons Rivt-r which is in forty one degrees 
of latitude bi'ing the furthermost part of the said Tract of 
land and ])''mises which is bounded by the said Kiver and 
crossing over from thence in A sti-eight lyne extending 
from that part of Hudsons River aforesaid to the Korth- 
ermost branch of the afoi'emenc'oned River called Dela- 
ware River and to the most Northei'ly ])oynt or boundary 
of the said Litire Tract of Land and pTmises now called 
the !North partic'on Roynt and from thence (that is to say 
from tlie Xorth partic'on Poynt extending Southward vnto 
the most Southerly Poynt by a Streight and direct Line 
drawne through the said Tract of Land from the said Norlli 
partic'on Poynt vnto the said South partic'on Poynt by 
the consent and agreem'' of the said parties now called 
the Lyne of Partic'on and by them intended for the 
divideingand makeing A Partic'on of the said Easterly part 
share and Portion from the AVesterly part .share and Por- 
c'on of the said Tract of land and p''mises and all and 
every the Lsles Islands Rivers Mines ]\rineralls woods 
fishings Ilawkings Huntings and fowlings and all other 
Royaltyes Governments Powers tlbi-ts ffranchisi's Jlarbonrs 
]>rotitts Com'odities and Hereditaments whatsoever vnto 
the said Easterly ])art shan- and Porc'on of the said Tract 
of Land and p'niises belonging or in any wise aj)pertaineiiig 
with their and every of their app'teJi'ces And all the Estate 
Right Title Literest propei'ty chiyme and Demand whatso- 
ever of tlu'in the s;ii(j William Pcun Gawen Lowry Nicho- 
las liUcas and Ji!(l\\ar<l Pilling and of each and every of 
them of in \ iito and out of the said Easterly ]iart part 
share and porc'on of the said Tract of Land and p'niises 
an(l every ])art and parcdl thereof and the Rever'con and 



]<1S0] nrivF; of vokk to cartekkt's grandson-. 341 

Rever'coiis Reinainder and Remainders of the same and 
every part and paroell of the same All which said wester- 
ly part share and porc'on parts shares and Porc'ons was and 
were then and now is and are hv the consent and Agree- 
ing of the said partyes to the said Partie'on called and 
agreed from thenceforth to he called b>- the name of East 
New Jersey and is all that and only all that part share 
and porc'on and all those [)arts shares and porc'ons of the 
said Ti-act of ].and and p'inises soe Conveyed by his said 
Royall Highnes aforesaid as lyeth Extended Eastward from 
the East side of the said Line of Partic'on before men- 
c'oned (Ta hold vnto the said S'.' George Carteret the Grand- 
father his heires and Assignes in severalty to the A"se of 
him the said SV George Carteret his heires and assignes 
forever vppon which Partic'on soe made and snch Con- 
veyance soe execnted as aforesaid he the said S'" George 
Carteret the Grandfather became seised of all that Esterlv 
part of the said p'mises now called East New Jersey with 
the app'ten'ces in severalty and being soe seised abont the 
Month of Jannary last past dyed, whereby his said severall 
moyety descended to the said S'" George Carteret party to 
tlieise p'sents as his Grandsonne and hire %\u\ Whcvca,^ 
since the makeing since the makeing and Execnting of the 
said Conveyances soe made by his said Tloyall Highnes 
Vnto the said John Lord Berkley and S*^' George Car- 
teret THE Grandfather as aforesaid and in the times of 
the late warr betweene his said MaM*^ and the States of the 
vnited Provinces of the Nethei-lands The Armyes and 
Subjects of the said States gained the possession not onely 
of the said p'mises soe by his said Royall Highnes Con- 
veyed unto the said John Lord Berkley and S" George 
Carteret the Grandfather as aforesaid But alsoe of 
other the lands and Hereditam'f which were Originally 
granted vnto his said Royall Highnes by his Ma^'f'' said 
Letters Patents herein before recited §iU wllicH were after- 
M'ards regained from the said Stages or by them delivered 
vpp vnto his said Ma"'" 3V«rt uiuvfilS his said Ma^!'' did 



P>42 \i:\v .ii:k-i;\ (oi.omm. im.(1mi:m>. [IHso 

l»v otlici- his lA'trtM> Patoiits Dated the twenty iiiiit'tli day 
of June in the six and twentyetli yeaiv of liis said ^fa"*'* 
raigne (irant and ('uii\ey \nt(» hi> said Royall lH<^lines 
and Ills lieiiva tV»re\er as well the said Ti'act <>!' Land and 
p'lnises liereiidx'fore recited to ha\e ])een «:ranted and 
Conveyed by his said Jioyall 11 ighnes vnto tlie said .lon.N 
LoKii Rkk'ki.kv and S" (-Ji:oi;(.K Oaktkkkt rni: (iKAMi- 
1 AinKij as aforesaid as all olliei' the Lands and lleredi- 
tani'." in and l)y the said herein tir>t hefore Recited Letteis 
]-*atents granted or im-ntioiied to ])e iii-anted ^nd U'hci'Ca.Si 
by the said se\ erall (Grants soe made by his said Ma'^'' \ iito 
his said Royall Iliiihnes as at'oivsaid sevei'all J^oweis and 
Ant]ioi'it\es ai'e and were i;i\iMi and <j,'rante(l viitt") his sd 
liovall Jliiilmes ids heires and .Vssignes to be Exeented 
by his said lloyall llii^iines his heires or Assignes or by 
the l)e|)nties Agents or ("oni'r of his said Royall Highnes 
his lieires oi- Assignes which are necessary as well for the 
Planting l*eo|»Iing and iniprox ini;- of all and evei'v the 
respectixc l,and> places and 'rcn-iToryes thereby granti'd 
and foi- the Traiis])(»rting thither from rime to time siudi of 
his Ma'\''" Subjects as shoidd be willing to goe or be Trans- 
ported into those parts or any <>( rliein as foi- the Defend- 
ing Guai'ding and Peopling of tlie same as also foi" the 
well go\erning of the same ami (d' all such as are and shall 
be Iidiabiting in the same, and for the nuikeiug Ordaine- 
ing and Kxecuting of necessary and cnuvcinent Paws and 
Constituc'ons in oi'der to Such Govei'um' and the punish- 
ing and ])ai'doning Offences ami < >ft"en(lers as occac'(»n 
shall reipiii'c and to nominate make ()i'daim' Constitute 
and ( 'otitii-me and alsoe to Revcike discharge change and 
altei- all and singidar (iovei'uors ( )tficers and Ariiustei's 
which by his >aid Poyall Highnes his liciri's or Assignes 
shall be from time to time thought fitt or needfull to be 
made Oi-daim^d a])onted or vsed in the said parts or places 
oi' any of them an<l to (,loe all otliei' things needefull and 
necessary for the well govei'iiing keeping defending and 
p''6erviiig tile said respective }>laces and Territoryes and of 



l(iS(l| nrKK OF VORK I'd CAIM'KRF.t's (iUANDSOX. 343 

every of tJiein and of all such as are ami sliall bee Inhab- 
iting there ^lou' thfi:5;c pve.S'ent.o' uitncsi tliat for and in con- 
siderac'on of A Coni])etent snnve of lawfull English money 
vnto his said Rovall ITighnes in hand payd and for the 
better Extingnishing all such Chiynies and Demands as his_ 
said Royall Higlmes may any M'ise have of or in the p'liiises 
aforesaid noM- called (Sa.'&t i^lciv ^cri&'cy or any part of them 
and for the further and better setling Conveying Secure- 
ing and Confireming .... same and of every part 
thereof according to the pnrjiort and true meaneing of 
theise p'sents |\i,$' jiairt lloyaU |Vi(^hnc,5i the said James 
Dnke of Yorke huth (6vantctl Bargained sold and (\^ntirmed 
and by tlieise p'sents doth grant bargaine sell andContirme 
vnto the said S'' George Carteret party to tlieise p'sents his 
heires and Assignes ^U tltat part share and poi-tion and 
all those Parts shares arid Portions of all that Intii-e Tract 
of Land and all those Intire p'mises soe granted by his 
said Royall Highnes vnto the said John Lord Berkley and 
S'" George Carteret the Granfather and their heires as 
aforesaid as in by and vppon the said Partic'on was and 
were vested in the said S"" George Carteret tlie Grandfather 
and his heires and then agreed to be called b\' the name of 
East New Jersey' togeather with all Islands Bayes Rivers 
waters fEorts Mines Qnarryes Royaltyes franchises and 
appten'ces whatsoever to the same belonging or in any 
wise apjitaineing and all the Estate Right title Interest 
Reverc'on Remainder Claime and Demand whatsoe\er as 
well in Law as in E(juity of him the said James Duke of 
Yorkf of in vnto or out of the same or any part <^r parcell 
of the same as also the free vse of all Bayes Rivers and 
waters leading vnto or lying betweene the said p'mises oi' 
any of them in tlie said parts of America for Navigation 
it'ree Trade ftishin/ or otherwise O^o hlUT iinrt to hoUl viit(j 
the said S'. George Carteret Party to theise P'sents his 
heires and Assignes forever to the onely vse and behoofe 
of him the said S'' Geoi-ge Carteret his iieires and Assignes 
forever \|filUiu9 ami payiuj) therefore yearely for the said 



344 Ni:\\ .IKliSKY <(iI.<iMAI, l>i>i IMKNTS. | IGSO 

wliok' Iiitirc ])'inises vnto his sai<l lloall lliuhnes lii.s 
lu'iros and Assi^-iios tlie yearely n-iit of tenii Nobles of 
lawfiill Eiiii'Iisli money at <>i- in tlie Middle Teinj)k' Hall 
London at or vppon the ll'east day of S' ^licliaoll the Arch- 
Anijell yeaivly. ^ml tUci.^c lUf'iCiit.^ fuvthfv witness that for 
the better enablinj^ the said S' (Jeorge Carteret party to 
theise ])'"sentshis heires and .Vssio-nes to Improve and plant 
the said p'inises with People and to Exercise all necessary 
(Tovernni! there whereby the said i)''niises may be the better 
Improved and made more vsefull to him his lieires antl 
Assij^nes and to the Kings Ma^r ^UiS ,'5aul iJoyuU IHjlUue,?! 
liath likewise given granted Assigned transferred and doth 
by theise p'sents give grant Assigne and transfer vnto the 
said Si" George Carteret party to theise p''sents All and every 
such the same Powers Authorityes Jurisdictions Govern- 
ments and other matters and things whatsoever which by 
the said respective Recited Letters Patents or either of 
them are or were granted or intended to be granted to be 
Exercised l)v his said LJoyall Jlighnes his heires Assignes 
Deputves Officers or Agents in vppon or in Relac'on vnto 
the said ]*''miscs hereby Confirmed or intended to be Con- 
iirmed and rwyy of thciii in case tlie same M'ere now in 
the actual sei/in of his said Ivoyall Jlighnes, (To ht UcUl 
enjoyed exercised and Executed Ijy him the said JS"" George 
Carteret party to theise p''sents his heires and Assignes and 
by his and their Deputves Officers Agents and Commis- 
sioners as fully and Am})ly to all intents constructions 
and purposes as his said Royall llighnes or his heires 
might could or ought to holdc Enjoy vse Exercise or Exe- 
cute the same by force anil vertue of tlie said severall and 
respective before Recited Letters Patents or either of them 
or of any thinn- in them or either uy any of them con- 
tained or otherwise howsoever ^\\ HVitUC.O' whereof the 
Parties to tlieise p'sents have herevnto Interchangeably 
sett their hands and Seahv> the day and yvnv first aljove 
written 

James 



1680] SECRETARY WERDEN TO (iOV. ANDROS. 345 

May it please yo'" Royall Highnen 
This conteynes A Coniirmac'on and release 
to S*" George Carteret Baronet and his heires 
of his Moyty of J^ew Jersey In tlie Parts of 
Amei'ica, In the same nature as is already 
Graunted contirnied and released to M'' Bil- 
ling and others and their heires of the otlier 
Moyty 16 Octohris 1680 

This is a Coppy of j^ Original Signed by 
S? George Jeoffryes 

[On the back.] 

Sealed and delivered in the p'sence of 

Jo Werden 
Harrey Langdon 



Sir John Werden fo (roeernor Android. 

fFiom 'New York Colonial documents," Vol. III., p. ii%(S.\ 

Sir S» James's 6 Nov"- (80) 

1 presume you will liave heard already y' his R" H" in 
obedience to his Ma'* commands is gone againe into Scot- 
land, but y* before he went he was pleased (upon such 
advice as he relyed on) to confirm and release to the Bro- 
priet'" of both moytys of ISTew Jersey, all theire and his 
right to an}^ thing (besides y"" rent reserved) w*^^^ heeretofore 
may have beene doubtfull, wliether as to governem* or 
publique dutyes in or from y*^ places witliin their graunts. 
And though I believe y" Deeds y™selves (respectively) 
w° produced to you, will enough satisfy you in this matt'' 
yet I thinke it convenient herein to give you notice of y'" 
to p'^vent as much as in me lyes, any doubt of y" validity 
thereof, or there haveing beene sui-reptitiously obteyned 
or any oth'' inconvenience y' may happen either to you, or 
y*^ Propriet'" for want of such intimac'on. I am &*: 
To S'- Edm° Andros Kn^ &•? 



•■''.4f> NKW .IFUi^KV (ol'iMAl. 1»'< IMl- N I-. [16SI 



P lUii-lil iiiill'nni t'riiin i rni'i fimr ('iiif'i'tf .[iliiiiisl lli,' 

A iitlmrit II of' Sir /'.il III II ml A ml i <>■•<. 

[From "(iiaiits ami i 'll||l■(^ssillll.■^." p. (>?<.'). | 

Till- is t(i jj'ive Notice to all \n whom it sliall fOJiccrn, that 
1 lia\i' loct'ived an ( )i(lcr in a Ij-ftei' fi'Oin tlic Kii^ht 
Hononrahlc the Lady h'lirnilx f/i Cn rti'rci, boai-iiiy- Date 
Montli Si'2>trnih<'i' lOSO, (who is k^ft sole Executrix, and 
(iiiardiaii to tlie Heir of Sir (in>iyi' Carh'Vi'i, Lt»rd Proprie- 
tor- of this I'roviiice) with an absolute Coinnumd not to 
take Notice of any ( 'oniniissions. Warrants or Orders from 
Sir l\il nniml Anili-Dxs : And 1 arn also further Commanded 
to tell \(iu. that you briuii; in ><iur ( 'liari>'es and Uamaii^es, 
Sir l\il III II ml A ml rns.K. hath |Mit this Province to in the 
I surpation of the Government; for his lioyal lliii'hues.s 
beiui;- accjuainted witli liis illea;al Actions, in usurj)ini:: the 
(iovernnuMit of Nen'-Ji r-si ij. doth deny that ever he had 
any such Orders from him or done by his Oousi'iit ; l)Ut on 
the Coiitrai-y the Lord Pj-oprietor should Inive all riyht 
doiu' him in the Enjoyment of the Province' and the (iov- 
ernmeiit thereof; and that his Poyal IIi<;hness would not 
in the least derogate from what he had ii'ranted to Sir 
(iinn/i Ciirt'i; t, and doth wholly disown and declare that 
Sir h'tlniiiml AmI/'i's.s had iiexcranv such ( )rdei' oi' Author- 
it\ from him for the doinu' thereof. .Vnd whei'eas I am 
iiifornieil that some ( )tlicers of \iir- }',>,■/,■. do intend to 
persist and keep Courts !»v \ irtneof Sii- h'.ilniKml Amlnts.s 
illejial Actions, which will tend to the great l)isturbaiu*e 
of the Kiiiii's l^eace. and deti'iment to the Lord Pi'(»]»rie- 
toi'"s Interot. and the ]inlilick \\'eltare of the People heiv 
settled under him : 'i'hese are therefore to will and reipnre 
all Pei'sons uot to obey, abett or assist or haxc any Thiui^- 
to do in >nch ('oui'ts. foi- there >liall be an Assemljly forth- 
witii con'.eiied and ( )fHcers chosen in due Time: Tlierefore 
let none pi'esume to Act any further by Sir JldinaiKVa 



1081] SECRETARY WERDEX TO GOV'. AXDROi*. 347 

Orders or Com missions or any deputed under him, as tliey 
•will answer the Contrary at their Perils, (liven under m}^ 
Hand and Seal, at I'Jlhahdh-Towii, in the Province of 
New-Jerset/^ this second Day of Mareh^ IDSO.^ 



S'lr John ^Vcrdcii fo (ioi'crnor ^\/id/'(M.'^ 

(Fioiu "New York Colonial Docnmeiit.s/' Xo]. TIT., p. 28(5.1 

Ediidmrg-h 12'" May (81) 
Sir [E.Tetracf.'] 

I liave already written to yoiT touching the grants of 
Xew Jersey ivom y'' Duke and M'' Pen's j^attent fi-om y*" 
King (of Pensilvania) the Boundaryes of w'*' towardes New 
elastic y® Duke assents to. and it will be convenient that 
yoiT give notice of all to yo'' officers in ISTew Yorke and 
New Castle. But without doubt all settlements already 
made in those parts ought to hold good, untill new laws 
be made by consent of their Assemblyes (w'" 1 think M'' 
Pen hath authority for :) but I presume y*" Lords Cout''' for 
Trade hath taken care to preserve y'' rights of men in 
possession, or else it is a point ought yet to be thought of 
by y'" ; for the Dukes aiTthority there will not l)e sufficient 
to controule M'" Pen's pattent. As for j^ Islands in Dehi- 
ware river, it is best to observe well the grants, as I take 
M'" Pen's is bounded by the shears of Delaware river on y" 
East, by w*^'' Islands seeuTe excluded OTTt of his patent, if 
they lye out in y' open river, and may still belong to New 
Castle, and soe alsoe for those y' the Quakers of New Jer- 
sey may pretend to; l)iTt in both these cases the graunts 
alone must determine y'^ matter, w'"' you may be there well 
advised upon, for here they are not, neither can we jTTdge 
soe well as our lawyers. 1 wish yoTi good health, and 
remain tVrc 

To Sir Edm" AxDiios Ku' &'^ 



1 168U-81. 

2 A8 Sir EUiuuud loft Xew York in January Tor Eu-^land, this letter could not 
have been received by him iu America. Ed. 



348 XKW JKKSEV COLONIAL 1)()<L'MKNT:4. [168< 



/>'//• .liiJtn \\'> /■//,,, fu Will id ij, Peiin. 

[From •' N'ew Voik Culonial DD.imieiitH.' Vol. III., i>. •-'9U.] 

K(liMl)uri;'li !♦) .Inly (Sl i 
Sir [Kiiravt.'] 

As toyo'' fresh pro])osition to y'' Dnke repeated in y* last 
Tre viz' that his R" IP wouhl cont'err on you y® rest of \v' 
lie possesseth in and about Xew eastle on Dehiware River, 
mid'' certaine condic'ons and limitac'ons, such as you tliinke 
titt to offer : I tohl your friends y", w^ I now repeate to 
you, y' the Duke was not pleased to come to any resohition 
as yet in y' j>articular, and 1 doe not find y' llis R" II" 
hath altered his thoughts therein. 

Yo"" last request, for a letf to the Govern' of Xew Yorke 
y' you may have (juiet possession is in effect already 
answered and graunted : Rut whereas you menc'on in y* 
Pre, isles y' lye about Xewcastle in Delaware River, 1 must 
take notice to you y*^ y* is quite a new proposall, havin^^ 
(as I believe) never heard you menc'on Isles (in y' river) 
till now neither had I ever any comands from y*^ Duke 
touching the passin*)^ of y'" to you. Rut all along have 
believed y' the River itselfe (that is y'' shoare of it) was to 
be your East Boundary, and I believe you will find the 
words of your pattent y' describe your iMtundaryes to 
import noe more, soe as if a!iy gen" words afterwards have 
isles inserted amongst y"" "tis w' I cannot say any thing for, 
neither can I .ludge how far such an enumerac'on of par- 
ticulars can include an\' nioi-c tluii v*" gen" Boundai'ves 



To W^' Pknn Ks.f.^c 



1681] Carteret's claim to staten island. 349 



LetUr ft'oiii G am mo I' Carteret <uid Conncil to the Governor 
of New YorJi and His Council^ Meferriny to the 
()trnrrshij> of Staten Idand. 

[From " East Jersey Records.' Vol. II., Liber 3, p. ITl . ] 

By the PIon"''*^ Phillip Carteret Esq*? Governor of the 
Province of East New Jersey under the liight Hon"!® 
tlie Lady Elizabeth C'arteret Sole Executrix to the 
Right Hon^'« Sir George Carteret Kn^ & Barf De- 
ceased Late Lord Proprietor of this Province and his 
Councell 

To the Hon*'.'.'' the Governor or Coniniander in Chief of all 
his P: Highness Territories in America at New York 
and his CDuncell there. 

Whereas I have an order to Lay Clainie to Staten Island 
as property and Justly belonging to the Lord Proprietor 
his Government and Jurisdiction of this Province and doth 
Appeare by his R. Highness Grant under his hand and 
Scale bearing date the lO^*^ day of Ttemb. 1680. Where- 
fore these are in the Lord Proprietors Name and by Virtue 
of the said Grant to demand of you the Surrender of the 
s'' Island unto me with the Quiet possession thereof, and 
that your Selfues or any other persone by your Authority 
doe forbeare the Expressing eny Command Authority or 
Jurisdiction within the said Island in which I doe Expect 
your Speedy answer <k Compliance — Given under my hand 
and Scale the 22" July 1681 



The Letter to Cap! Anth: Bracket [Brockholls] Deputy 



3.50 



XKW .IKR-KV r-fir.ONfAr, DOf'I'MENT?. 



[1681 



(■Tdvcni. V.V: ( "i>nini:niilri- in ('hirf of New York Gov- 
erntn' 

S"^ According t<> iiiv ( )i(icr I li;i\c >c'iit t'l M' I. a I*i-;iiric 
cV M' I>(>IU'M to Demand rlic Siirretuh'i- (if Staten Island 
into my Possession and (io\ ciiiment as of Riijiit belonging 
nnto S' (-reorge Carteret Lord i'rojtrietor of tliis Provinee 
as yon may See liy y' Copy of His lutyal lliglmess Grant 
Sent you Uy them Concern^ wliii-li \)\'ay Let me have 
your Sj)eedy Answei" Kesidution .ind ;iiiswere 



Yo"" hnmi.le servant 



Pn: Carteret 



Pr<n'l>iiii(dton of i titr< iiiiir Ciirlinl l<> tin I i,li>ihi1,ii,is qf 
Stilt I II /.si /I nil. 



IFrom • KasI .Ursiy Hrconls," V..1. II.. I,il)ur It. p. ITl-J.) 

1'.^ yuv Hon'"-'* Pnn.rai' Caktkkkt Msii"* (io\enior ot' the 
l'ro\inceof East New Jersey under the Kiulit Hon""" 
the I-ady Eli/.aheth ( 'artei'et Sole Kxeentrix to the 
Ivight Hon'!'' Sir Ceoroe Carteret Kn' iV I'.ar; De- 
ceased Late Lord Proprietor of this Pid\ inee. 

WuKUEAs Stateri Island (htth of li^ht iKdoii^- to the 
Province of East New flersey as (h'th .ippeare of llisR. 
lliglmess the Dnke of York Dee(| of (ii';iiit under his lian<l 
tV- Scale bearing date the li>"' of Ttemh. ICSii. hm liath 
been detained by Several of the (b.xeiaiors under his P. 
Highness, Contrary to all Law iV Ecjiiity and Inning imw 
a Speciall onler from the Loi-d Proprietor to demand the 
same These are in his IMajesty's Xanu' to will and re(|uire 
von the Magistrates ( )tticers and Inhabitants of the said 
Island to forbear Yielding any Obcclience to the Govern- 
ment or .lurisdiction of New York, Or to doe oi- Act anv 



1681] 



TATT. BROCKHor.r.S TO GOV. CARTERET. 



351 



thine; by their Auth<trity or Coinniaiid and receive yonr 
roinmissions Orders and Jiibitnictious from me volir Law- 
tnll (4ovenior as 3^)11 will answer the Contrary at your 
P'rills. Given under niy hand and Seale the 22 July An'.' 
J>(.m". IHSl 




Cctptain Aiifhninj Brock/iollx^ of JS<ir V(>rl\ fo Governor 

Ciirh'vd. 

[I-'mni ■(riiints aiul Concessions," p. ilMi. | 

(Japt. Cat'Urt^t Xew Ym'l:^ Jvly, 2HM, 1H8L 

I This Day received several Papers from you by Mr. 
Bullen, and L<ij>)'< ri/. which liave been sliewn and read in 



352 NKW .IKRSKV COLONIAL IXHIMKNTS. [1>»81 

Coiiiifil. l>nt tiiitl no I*uwer therein- for you to Act in, or 
aBsuine the (Toverninent of Kcir-Jcrxi i/, and till you pur- 
suant to our former Orders and Resolves in Council, and 
your ]*arole to me, produce and shew a sufiicient Authority, 
you are and I do herehy recpiire you to desist Acting in 
any j)ul)lick Capacity, and remain 

^'oiir l-riciid and Servant, 

Anthony P>ko(k molls.* 



Governoi' (kirtci'it to ( 'iijiiiKii BrocklmUy^. 

[Kiom "(iiants and Coii(.f.-isiou.H." )). df'T.] 

Ellzahiih-Touui -l^ih Jtilij, Hisl 
Capt. BrockhoIlK, 

Sir, 1 liave received yours of the iHUh Instant, hy Mr, 
Hullen, and Mr. JAiprenj. T have a Power sutiicient to 
Act as Governor of Enxi ycic-Jersei/, and am no more 
bound to give you and your Council an Account thereof, 
then you are obliged to give me an Account of yours : 
When you do produce to ine by what legal Authority you 
are so confident to controul my Proceedings, I will shew 
you mine to contradict it. In the mean Time I will send 
your uncivil Answer for KiKjhoul, where your late (iov- 
ernor and his Councils unjust Proceedings, are already 
disowned by your Master, and condemned to be illegal by 
all in General. I did send you a ('opy of his Royal High- 
ness Grant attested by the Secretary of this Province, of 
which you seem to take no Xotice of, nor of my demand 
of the Surrender of Staten-lsland unto nu', by which I con- 
clude a denial, I remain 

Your Frienvl and Servant, 

Pm. (".MriKKKT. 



1 Anthony Brockholls was left by Oovcrnor AiidroM in charge of the Government 
of New York, on leaving; for Enuland. in January 16H1. El>. 



1681] GOV. CAKTERET TO I.ADY CAKTERET. 353 

(Toi'ifnor Ciirii r<t fo IjuIi/ FJir^dlhtJi i'niii'ret. 

1 Fioyi "" Grants aiid ("oncf.ssioiis," ]i. 6fT.J 

Madam, 

YouK Honour will see 1)V the inclosed Letter of (^aj^t. 
B/'ix'kJiolls, Coniiuaiider in Chief of Neio-Yorl Govern- 
ment, under his Royal Highness, the Answer to mine and 
the Councils demand of >^t<ifru-Jd<iii(J, which is as much 
youi- Hononr's due as any other Part of this Province, with 
my reply unto it, by which your Honour will understand 
the continuance of their Obstinacy and unjust Proceedings, 
which if not takeu off by his Royal Highness and punished 
in Sir Kdi/iKiul AikI/'o.ss^ iujw you liave him in Eitijland, 
we shall never be at quiet. The last Week the Council 
and General Deputies of the Assend)Iy did meet for the 
Settlement of the Country, at which Time they all unani- 
mously voted and concluded, that Sir FjhniDul Amhvss, 
and Abettors, Proceedings against this Government was 
illegal; some other small Things was done, which your 
Honour shall have account in due Time; and so adjourned 
to tile M<»nth of October next. The Shi]) is just a going to 
set Sail, and have not Time to add more, than that 
I am Madam 

Your most humble and faithful Serxaiit 

[July 3(tth, 1081.] Ph. Carteret. 



Sir '/nliii Wi r<l<ii fit S-'ir All<n A^'xI'^J. Kn'njhi. 

[Fioni"Ne\v York Uolciiial OocutneDts, " \"<)!. I If., p. -Jl'l. | 

Ediid)urgh S Aug''' (81) 
Sir \_Ki't /■<((■(.] J send you here inclosed (by the Dukes 
co'mand) a coi)y of a I're w'** 1 rec'' on last Saturday night 
late (w'-'' the Duke hath seene) as alsoe the inclosed from 
y^ Duke for Lieuten*^ P)rockliolls. h\ case you (\v"' L** 
Hyde and Co": Ligge and w"' else you ])lease, but especially 



354 NKW .));rsp;v cor.tiM.M, doci'mknts. [1681 

v'' Diikrs ('i)inict'll <>r other able adxico in Law) >liall 
approve of its heiiii;- sciit, and then it is ti» he dispatelied 
away by tlie rirst o]>p<>rtunity. IJut if yon tliinke it not 
titt to he st'ur. then the l)iike ex]»ect8 you shouhl assoone 
as possihle send liiui all yo'" opinions, w' is titt fur liini to 
doe in tliis matter, ^'on may rememher liow often you 
liaxc lii'ard w^ the eonse(juences would he of y'' lati' I'eleases 
to v' (Quakers and S! (tco. Carterett of New Jersey, viz' 
the eertaine losse of tlie trade and revenne of New Yorke. 
and (tliontih at p'sent y" h»sse seenies a little hastened hy 
the oversii;-ht of tlie Offic'' of the Customes or scrui>les of 
v'' Lieuten' there) I believe you will find y'' inconvenience 
could not he loni;- prevented. J-'oi' ^up])osein^• it to hi' in 
y*^ Dnkes power hn\ fully to impose Customes for the 
future (w'''' in (omplyancc to S' W'" dones his opinion. 1 
heirin to doubt) as not lia\-einu- any sti-onu-er rea>on;- to 
believe it now then those w''' he ovei'rule(l ; yet it is most 
proi)ahle if the Duke doe make use of y' legall authority, 
it will in a short time Ik- of noe othei- effect y" to mine 
New Voi-ke h\- dri\eini;' all the inhabitants tVom thence, 
only crosse y'' I'iver to New Jersey where they may trade 
freely witbont beini;. lyable to any such puhli(|ue i)aym" 

I am cV'c 

ToS'-Ai.LKN Ai-si.i:v Kii' Trea'rand Rec'Gen"t<. his K" H^' 



/*/■(/(■( r (//'// 7.S- of ihi (iol'i riior ilml ('nllnnl, iDtil f/it, 

. 1 N.s, nihil/ i>t -^ ' "' '•/'/'•'>■' //• 

;l'niiii ■ XfW VoiK »'i(]i>iii;i) Oiirimu'iils." Vol. III.. \i. v'!M. | 

A ('o|>l>y <d' the Proceedinu-s of the Govenio'' Councell and 
Assembly att a Court held att Elizabeth Towne in 
New .\cv>vy fn. Ill Octo'the l!*'" to Kovi'iiiber '2'^ KiSl. 

AVee the Kepre.-^i'iitati ves desire to bee informed whether 
wee are to look upon the late Crant from the Duke to the 
I'roprietors as the hoiindacoii of our ( h.x I'lMim' ( >ctoh' the 
l'.»"' Itisi S.\m"- I)i;nm>('1. to the \)ci>'" 



1681] GOVERNOR, COUNCIL AND ASSEMBLY. 355 

The Answer. 

The Fattent from the Duke of Yorke to the Proprieto" 
upon which o"" Concessions are grounded setts forth the 
foundacon of our Governni' as you haue been conlirined 
und"" his Mat'^*^ owne hand and wee well hoped tluit none 
of the seed sowne bj S'.' Edniond Andross had taken soe 
deep a roote as that any of the Dep'* of this Province 
should att this time (juestion the foundacon of o"" Governni^ 
unlesse they would improue their snuiU Tallant to Justilie 
S' Edmond Andross his acc'ons wherefore we desire in the 
prosecution of yo'" Dutyes that you would fall upon some- 
thing that may be for the good of the Province 

By order of the Governo'" et Councell li)'" Octob"' IHSl 

Ja: P)ollen Sec!' 

A true copy with y" originall by me 

Sam'^.^ Dennis Cler. to the De})uties. 



To the Deputies 

In answer to yo' Reply. In soe much as you have dis- 
puted the basis and foundacon of our Governm', we think 
itt convenient to haue a connnittee a^^pointed of 3 or I of 
this house and as many of yo'** to debate and remove these 
Scruples whereby there nuiv be a good understanding 
between us. I'o be this nfternoon. 

By Ord'' of the Governo'' ct (^o" 

Octob'' 20. 1H81 J a: Bollen Sec'' 

October the 20"' IHSl A Committee appointed by the 
House of Debate the matter relateing to the aboue written 
as namely Cap' John Bowne Speaker of the house, Mr 
Tho: Johnson, M'.' Edward Slaughter, M'' John Elsl)y, 
Jiesolixd that the Concessions graunted by the Lord John 
Berkly and S'' George Carterett Bareing Date the 1(»'*' tfeb 
1664 to all such persons as are or shall become ffreehold'''' 
in the Province of New Jersey is to be taken according to 
the Letter w**'out any Interpretacon whatsoever 

Octob'' L>0*" 1(581 Sam'^'^ Dennis C to the Dej)'^ 



3o6 NP:W JKR8KY COI.ONIAr, IXKTMKNTS. [1681 

A RejtU to all Answer of a (^)ii('it' iiiadc 1)\ tins 
lioiise to tile ( iox ciiio' and ('oiiiiccll 

Wee intended no more than a lii^^ht I'nderstandiuii: as 
necessary to a Right Proeeedinu' what cause or snspition 
to tlie Contrary we know not. AV'ee hoped those scruplo 
had l)e('ii reinove<l the Last meeting therefore (k'sire all 
Ketlecting Kx]iressi(»ns may he forhonie as not tending ti> 
Peace. Octol/ -id'" H)S1 

Sam'-'' Dennis ( ' to y* Dep''* 

To the I )oj»uties 

In answ'' t(» yo*^ l»ill of the 2(1''^ Instant wee Desire to bee 
informe«l what Misinter])retac*ons wee haue juitt upon all 
or any parte of the Concessions granted hy the Lord 
Harkly and S' (icorge Cartt'rctt OcIoIkt the -JT' ItlM 

r>v ord'' .Ia. I>or.i,K.\ Sec. 



Wee the lu>]nt'sentatiues of the Inhabitants of this 
Province being Informed of the many Encroaclim'" made 
upon tlie Concessions bareing Date !(• tfeb l<>t't4 by Liter- 
pretac'oiis Contrary to the Litterall Senceof the same tend- 
ing to the snb\ersi<»n <»f the Priviletlges of the Inhabitants 
nrir)re Ksjietially a (\'rtaine Pa|H'r called A Declaracon of 
the true Intent and Meaneiiig of us the Loi'd> I'ro])i-ietors 
and E.\j)lanac"ou of their Concessions made to the Adven- 
turers and Phinters of Xew Ca'sarea, or New Jersey. 
Dated the 6"' Decemb' lti72 and prett'iided to l)e signed 
by ,Iohn Lord Uarkely and S' (reorge (.'arterctt. 

/,'i snh'nl \\\\\i the said Paper is a Preacii of the Conces- 
sions ujider tlie Pretence of w''' certaine persons have |>re- 
sumcd to Act to the greate itrejiidicc of the Inliabitants 
here setth'd. iM "' Octob'' If.M 

Sam"- Dkn.ms CI. to the Dep' 



F..1- the I)e|)"^ 21 Octo' KiM 

To yo'* of this Instant, tliis signifies that yon haue been 
Informed of many Encroaehm'^ ma<le upon o' Concessions 



1681] (iOVERNOR, COUNf'TL AXT) ASSEMBLY. 357 

l^y a Certain Papei' pretended to be signed by Lord .jolni 
Berkley and S'" George Carterett. Tii ease any snoli En- 
croachni^'* be made n])on our Coiict'ssions by virtue ot" a 
Paper pretended to be signed us alxiuesaid wee Desire to 
l)e fully informed thereof l)otli as t<» the Kncroaflnu^ and 
the persons tliat have Enci'oached 

PiX the Oi-d'.' of tlic Counccll Ja. I'oij.kn Se(\ 

The House Adjourned 'till 22"' Octol)'" to Eight of the 
■('h.cke. OctolV 22'" :itt Eio-lit of the ( 'locke the liouse niett. 



To ()' hoiio'' (^ovenio' and his C\»iiiicell Octd)' 22^'' 

1681 
In answer to yo'' last of the 21*" of Ootob. KlSl in ordei- 
to giuing you a full understanding of the Matter in Debate 
wee desire a Committee may l)e chosen out of both houses 
4 or 5 of each to meete either this Present Instant oi- Mun- 
day next as you shall see Best 

Sam^i- Dexxis CI. to }■'■ Dep"^ 



Foi- fhe Deputies 22 Octob' 1681 
In answer to yo'** of this Instant wee doe appoint Mon- 
day next Betweene 11 or 12 oi' CMock to Debate the Mat- 
ter in Controverse}' l»etweene H oi- 4 of the memb'" of Each 
house 

Wee haue adjourned o' meeting till tlie time abouesaid 
By Ord' of y*" CTCtverno' and Couneell 

J A. BoLi.EN Sec. 



This house desolved into a Conniiittie to Debate the 
matt'*' above expressed, the Committie are namely Cap' 
John Bowne Speaker uf tiie house M' Tho Johnson, M' 
Edward Slater, M' John Curtis, 

This house Adjoui-ned to tuesday 25*'' Odob'' 

Tuesday spent in debates betweene the Committie and 
Obteyneing a Coppy ot Directions Instructions and Ord'' &c 



358 NEW .lEKSKY CoI.oNIAI. Imm IMENTS. [1681 

AVce tlie ReprescMitatiues liaiK-iiii; j»eriise<i and well 
wei<i^litMl the Directions, Instructions and Ord"^ of the Lord 
Proprietors in order to a Declaracon Ity him made of the 
trne Intent and meaninii: and in Kxjilanac'on of severall 
articles of the Concessions formerly made by him and tlie 
Lord P.arkely l)areins: Date tlie lt>*" tfeb ItUU doe tinde that 
they are in many ])ai"tes cunti'adictory to the said Conces- 
sions and Prejudiciall t(» the Powit and Priuiledtfes of the 
(Teiiei'all Assembly and jjcople. We doe therefore desire 
and Expect that the sanii* may be made voyd and of none 

effect Octob^ i>7. l^iM 

Sam"-"- Dennis CI. t.. y" i)«'p'" 



To the li..use of Dep^^'-MK-tol.' -27"' 1081. 

In yo''" of Even Date yon signitie that you base well 
Aveiuhed the Insti'um' of Directions. Instructions and Ord"^ 
of the J>ord Proi>rietors as alsoe a Declaracon of the true 
Intent and meaneing. and an Explanac'on of severall articles 
of the (.Concessions formerly made 1)y John Lord Berkly 
and S!" George Carteret l)areing date the 10"' ffeb. 1064 
further adding that you finde they are in many partes con- 
tradictoi-y to the said Concessions and Prejudiciall to the 
Power and Priviledge of tlie Generall Assembly for An- 
swei" wee well know that the (ienerall Assembly doth not 
consist of you the Dej)'"'' alone wisdome is Justified of her 
Children and tcacheth men whei-ein they stand distinct to 
anwei- for themselves aiid iiot for the whole, you further 
add that you desire and expect that the boddy of the said 
lustrum' should be nuide void as you have had the benelitt 
of reading as well as weighing (^as you say) the said Instru- 
ment. If you had alsoe had the Benefittof understanding, 
you would neithei- have desiivd noi- Expected the same to 
be made voyd. 

By ( )rd' of the Govcrno"" and (ouncell 

J A. Boi.i.EX. Sec. 

Adjourned to ffiyday l^s'" ( K-lob' att Eight a Clock 



1681 I ("rOVERNoK, COUXCIL ANt) ASSEMBLY. H5!> 

That Whekeas wee the Representatives now assembled 
liaveiniJ^ made o"" applicac'on to tlic Governo'' and Conneell 
tor the Al)oh'sliino- of an Insri-um' of \vi'iteini»; Endeavoured 
to l)e obtruded ujioii tlie Inlialiitants of this Province 
intituled Directions, Instructions and Ord'"* of the Loi'd 
Proprietors in order to a Dechirac'on bv lu'm made of thc> 
ti'ue Intent and meaneiiiu' and an Explenac'on of severall 
Ai'ticles of the Concessions made bv the Lord Jolin Barkely 
and 8!" George Carterett l)areing date tlie 10^'^ day of ftVIt 
ir>61:. Wee haueing maturely and Dilligentlj Exaniinctl 
the same doe tinde them in man}- partes contradictory to 
the said Concessions abating the power of the Assembly 
and by that meanes infringing the fEreedomes and Privi- 
1 edges of the People the Governo'' and Conn cell instead of 
Keturning a positive Answer thereunto doe reflect upon 
the Ability and understanding of the Deputies and thereby 
implicitly Denyed the same. Wee are therefore IS^ecessi- 
tated in pursuance of the trust reposed in us to make this 
o"' Protestac'on against the said Directions Instructions tl'c 
and Doe hereby declare the Inhabitants of tliis Pro\incc 
not obliged to conforme y "'selves thereunto. 

Octol/ 1>S'MP)S1 " Sam. Dennis CI. Dep^.' 



To tlie hou^^e of Dej)^.*' 

Acc<t]"ding to the 10^'' article in the Power granted to 
the Generall Assembly by the Concessions and to the end 
no Encroachm^ or Contradicc'on maybe putt upon tht- said 
Concessions wee doe liereby minde you what the said 
Concessions require (to wit) that Pi-ovision be made for a 
Competent snpply foi- the Maintainance of the Govern'' 
and (Tovernml and the paymf of the Lord Propi'ietoi'S 
Quitt Rent that are in An-eai-es and unj^aid as by a Paper 
formerly sent you bv the Secretary and not answered noi' 
yet no returne of the Petic'on Exhibited by the Iidiabil- 
ants of Bergen it is Desired that some s})eedy Course may 
be taken by answering the premisses Avith Effect 

Bv ord'' of the Governo'' A: (,'oun" J as. Boelen, Sec 



JlfiC NKW" .IKK'SKV ( ( )[,( i.M A I. I >( >( I M K.NIS. [ 1 ♦;> 1 

'I'.. tli<' l)('|Mlti('s -J'.l Octol.' lt;^l 

111 ^ (>iir> lit' rlic 'J"^"' ('iirraiit voii ik'.sirc td Itc iiit'i)niit,'(J 
of tlu' uiitttAT t(i lit' l)('liattMl on for aii>\V('r the designe i»f 
the iiitiMided (h'batt' is tliat if j)ossiI)ie wliatsocviM- obstructs 
till' a(!con)plisliini'iit of tlic Well Settling the Aflaires of 
this |ii'(i\ iiicc may lie Ki'IiiovimI Iiv a Debate of the (ieiu*- 
rall A>>eiiil»l\ \\\ ord' of the (io\t'i'no' and Coiiiu-ell 

J A. IJoi.i.KX Sec. 



To the Ci(»veii()'' ai!<l Coiiii" 

AVee cannot I\'rce\e hy yo'"" Ditto the matter to he 
Debated on Tlieii'toin' Doire to know the I'articulers : 
Octob: 1^11. If.sl Sam'-'- DkxNms CI. Deji"' 

'J'o the Deputies L>il"' ()et(d)'- JCS] 

In yo''' of Even Dati' you desire to know the ])ertieiilers 
inteiide(l to be J)ebated in a ( 'ommitte ot' the whole (Ten- 
erall Assemlily liad there been only perticulers to liaue 
been debated a ('oinitte of less mnnber then the Avhole 
u-enei'all asscmlily minht haue been sntticient to hane 
Debated the same but doiibtlesse the genei-all Concernes i>f 
the whole Province (as is fully submitted to you \u our 
last) Kequ ires a Debate of the Generall Assembly and to 
the Knd wee must stand cleare from the (Jiiilt and Imj»uta- 
c"on of others offences wee desire that a generall Deliate of 
the wh-iK- Assembly may be forthwith had. 
I!y < )rd'df the ( bivei'lio' iV- Couiicell 

.1 A. lioi.i.K.x Sec. 



To (he Dej)'*-^ L>'.»"' Oeto' D^Sl 

A'o'" of the 2"' ['2!»th (] Currant v/ee Receiiied, for answer 
Wf undei-stand by the T)"' Artich' In the Concessions that 
the Lord Proprietors did reserve unto themselves and their 
heires iV full and also late |)ower to make Interpretation 
or Interpretac'ons, Explaiiac'on oi" Kxplaiuic'onsand Altera- 
c'on of the seveiall Articles in the said Concessions aud 



IfiSl] GOVERNOR, rOT^NCIL AND ASSEMBLY. o(U 

alsoe to issue foi'tli Directions and Iiistrucc'ons to be |)iitt 
ill Execue'on att pleasure and yett noe Abateui^ of tlie 
I.egall Power granted to the generall Assembly nor intVing- 
ing of the Liberty and Pi-iyiledge of the people as is ignor 
antly alleadged for that >yhere a graunt is made under 
Limitae'on and proyiso what is thereby restrained is abs(»- 
lutely Reyersed to the said Proprietors and tlieire heires 
cf and that theire is sueli a Liniitac'on and Proyiso in the 
said C'Oneessions or (Irant it will plainly appeai'e Iw the 
said 6'.'' Article Relae'on thereunto being had, and it is 
matter of lamentac'(»n that the Representatiues of this 
Proyince should be soe shorte sighted that they cannot 
see that he which runnes may Read 

By Ord'' of tlie (loverno"' i."ic Councell 

Ja. PoiJ.EN Sec 

I'o the (xoyei'iKV ct Couueell 

In Answer to yo'' last P'sented from yo'' Hono''* of Even 
date that the fore part there asserted relateing to the fi'" 
Article is soe ft'arr from Reason and Justice that Iteing 
loath to declare a want of truth wee will rather conclude n 
want of due considerac'on and understanding thereof, and 
that the foresight of the Inquisitors and Contrivers of this 
your last returne did want a true prospeetiue clearly to 
perceiue what is legally to be concluded for the propi-ie- 
tors Interest and Common Good of the Inhabitants, There- 
fore we the Deputies foi" the Country are resolved to 
abide and stand by the Protest already presented, and 
without feare hazard the menaces o'" members mett w"' 
from your house, rather then betray the trust reposed in us 
for the publi(jue Sam''- Dennis CI. to the Dep"" 

Octob' 29^" 1681 

To tlie Deputies 29*'^ Octol)"' l(;sl 

About 12 of the clock this present Day two of yo' mem- 
bers delivered a message from you to this board, to witt, 
that you would haue us appoint a time and place for the 



302 NKU .IKKSKY Cttl.o.MAI, 1 >< >i IMENTS. |16Sl 

Cumeiiieiice of tlic ( ifiicrall Asst'iiildy to the ciul the 
wliole iin'i^lit 1)0 dissolvi'd into a ("oiniMittie to del»ate tlie 
j»iil»li(]iR' Affaires of tlii^, Pi'ox iiice And weo i-ctiiiMU'd tor 
answer that al>ont two of the clock tliis present aftcnioont' 
wee would 1k' att the place I'eady to provide [proceed ^| 
ii])<ni the intended debate and your said nienihei's })roniised 
ill vo' behalte that yon should ol)serue the time and place 
the which liatli not been perfoi'iiied liad wee men to doe 
withall that haue regard to their J^romisc it woidd l»e a 
ha|)j)inesse both to us and the l^rovince yon may d»»e well 
to call it to mind that as you have the shape td" men you 
slK»uld acknowledge your Error and doe yourselues and the 
Contrivers of tlu' Breach of tlie said ])romise and the wh<»le 
Pi'ovince soe much I'ight as to doyne in a Debate to be 
held by a Committie of the whole (ienerall Assembly upon 
Munday next by lo a Clock of the same day to the end 
that every meml)er of the (ienerall Assendjly may see with 
Ills owiie eyes and here with his owne Eares the things 
that concerned the ])resent bleeding condicon of the whole 
Province to Avhicli time wee liane adjouiMu^d. 
By ( )rd'.' of the Co\t'rno'' and Councell 
Octol)"" the op.' 1(>S1 d.\. P.oM.Kx See 



To (lie (lONcriio' iS: Couiicell. 

The stoj) intended in tlie <;"' Article can be no Pelative 
to tlu' antecedent ffret'doiiis and Immunities for it cannot 
in reason presuiiuMJ that the (io\-erno'' ( 'ouiicell and Assem- 
bly (who haue ])0wer t(» make such stop as well as the 
proprietoi') would infrienge the powei- of them AVhei-efore 
the said stoj) or Contradicc'on can be a relative to no othei' 
then the persons menc'oiied in the said article with retfer- 
ence to Dutchmen thereby to prevent too many of them to 
be admitted amongst us (>se\v Voi-ke (lovernm! being most 
settleil by tlieiiii whereby they might in time be to strong 
fur the Kiiglish and and soe ri'voit fi-oiii the English (tOV- 
ernm' 

Shoulil the .-to]( aforoaid haue relferenc-e to the Itree- 



1681] (iOVRKNOK, COUNCIL AND ASSEMULY. 863 

domes and iiiimmiities yet it eaunot deprive any persoiirt 
of tliese ffreedomes and Inninities that wer settled before 
such stop was made and soe consecpiently tliei'e mnst he 
two Governo"^ one for sneli as eanie before such stop and 
another for those that came after. Be all this granted yett 
the Dep"*^** that now are assembled ai-e appointed by tliose 
that have been settled before snch stop came and therefore 
may not be depriued of their Ifi-eedomes Arc. The Lords 
would likely nener hane had a thontj-ht of such Contradie- 
c'on of themselves had it not been a l)ratt begotten in New 
Jersey sent for England to be borne and Ketransported to 
xN^ew Jei'sey to be fed with the groanes and ( )j>pressions of 
the People 8am. Dknnts C'l to the Eep^'*^* 



To the T)e])iities. 

This is to remimleyoii of what the (Joncessions enjoynes 
you to doe and you are desired nott to omitt doeing what 
y^ Concessions i-equii-es to be done as in the tenth article 
rehicon tlierennto being had by act to make Provision for 
the Governo' and Governiu*^ and by act to requii'e every 
respectine constable in his constableree to collect, gather 
and receeve the Lord Proprietors Quitt Rent, and pay the 
same to the Generall Receiver without charge to the said 
Lord Proprietors it is expected that you should comply 
with the said 10"' Article in the said Concessions or forth- 
with shew cause to this Board to the Contrary' 
By ord'" of the Governo'' &■ Councell 

J a: Boli.kn CI. 



To the Govenio' tV: Coiiiicell. 

In answer to yoni's of the 3P'' OctolV it is the Opinion 
of this house that wee are now about ours and the Coun- 
tryes businesse every thing is beautifull in his season this 
house expects that those Acts already before you sliould be 
passed and returned back to this house. Novemb. L 1681 

Sam'-'- Dennis CI to Dep"" 



364 XKW .ircRSKV ('oidxrAi. ihmimknts. I 1*;81 

N(»\rinl)' the 2: ir.sl. ('nine in |n,'i>i>n ti) tin- luMise of 
Dejmties ass('inlili'<| liv tlic ( ioviTiio""" writt tlatcil 11 ,Iulv 
If.sl Caj)' James BoUen. ( aj.' lieiirv (-^n-enland. M' Sam" 
Kdsall ; tlien and tliere ( a])"^ llullcn did declare tliat he the 
said ]^)olleii l>y ord'' was to desiiv yon the wliole house of 
Dej)^'*'" Immediately t(» u'o alionii- with him the said J^xilleii 
to the Conneell Uoaid. 

Cap' Jiilm r.owne Speaker to the house of J)eputies 
replyed wee desii-e to consider of it a little. I'jxiu said 
lieply Cap' Bolleu Immediately (h'clai'ed he liad ord'' iVom 
(io\ erno' and Councell to deelai'e this Pretended house of 
l)e|)uties l)e Dissolved and you are herein' Dissolved aleso 
the said IJullen declai'ed he had ( )rder to leaue with the 
house of Deputies a Certaine Pa])ei- which accordingly he 
the said ]»olleu left upon the Dej)''' Tahle which saiil Pa])ei' 
next ft'oUoweth upon Record. — 

Province of Kust New Jersey To the De].'^ the P'' 
of X(.veinl)'' D>S1. 

By the Goveruo' c'^: Counct'll 

Vo'''' of K\en Date lyes hefore us wherein you assume to 
yo'selues the title of the u'cnerall assembly, the truth is 
if you were all pei'sons (juallitied for Dej>"'* yett ti'ue wis- 
dome would teach you better manners then to stile \ <»''- 
selves the Generall Assembly. ])oubtlesse there was no 
want of lirnoi'auee and J)isloyaltv where this Bratt had its 
educac'on insomuch as that the generall assembly consists 
of the (iovei'iio'' C.Mdincell and Deputies ei'go the l)ej>uties 
no generall assend)ly, it was hncifers Pi'ide that ])Utt hinj 
upon s(>ttling himselfe where God never intended to sett 
him and his Pix'sumption produced or was forerunner ol 
his fall ; you sett yo'selues where the Lawes of England 
iu»r yett the Concessions of this Pro\ ince lu'ver sett iu)r 
intendi'd to sett men that are l»ut in jirivate (^apacit}', as 
uptui P^xaminac'on numy of you will j)roue to be; to the 
Point t»f (^ualliticacon for that by the Law of England 
every mann (juallitie<l to Elect (»r to be Elected must sweare 



1681] GOVERNOR, COUNCIL AND ASSEMBLY. 365 

to be leagally seized of an Estate in tfee of fforty shillings 
p'annum, besides reprisalls in the same Countey where he 
claimes his Priviledge and by o' (Joncessiocs to beleageally 
and actnally seised of a freehold Estate by virtne of a 
Pattent from tlie Lord Proprieto'"'* and the same recorded 
in the Secretarye's otiice, and some of yon luiue confessed 
and it will apj)eare that theire are some })ersons amongst 
yon not Qnallitied accordingly and therefore bntt men in 
prinate capacity and not the men intended by the writt of 
snmons. But wee being in a measure unactjuaiiited with 
yo'' Present (^uallificac'ons which now upon eiKpiiry is made 
too apparent unto us haue Exchanged some notes with vou 
and in your last sent tons you say that you canuott atiswer 
ours wherein wee put you in minde of what the 10"^*^ 
Article in the Concessions enjoyned you to doe but say 
you are about yo"" owne businesse and the Contryes, vou 
pretend to be men in Publick Places butt declare in plain 
words you are first for yo"" private End and then for the 
Contryes. Private Spiritts in men in publique emplov"" 
are the Jewels that addorne yo"" brests as is uiid'' the liand 
of the Clarke of the pretended Gen" Assemblv. Everv 
thing being beautifull in its season and soe we bid vou 
f aire well 

Py Ord' James Boli.en Sec 

I'pon the pretended Resolution of the House of Depu- 
ties by Cap' Pollen sitting at Elizabeth Towne Novemb'' 
the 2^'' 1681 

The House of Dei)uties, with one Consent did [)rotest 
against the said Disolution as being contrary to the Con- 
cessions and an Innovac'on of the Governm! Protest was 
Immediately made by ord'' (.f the liouse 

Sam'"- Dennis Gierke 

A true Co])py with the Originall, 

Endorsed Proceedings of the (4overnor Councell and 
Assembly att Elizabeth Towne in New Jersey from v** 
W Octob'' to y'' 2" Noveml/ KJSl 



36f> NKW JERSEY COLONIAL DOCUMENTS. [1682 



lACise fniiii Kl'izdhrtJi^ W'nloir <>f Sir (icoi'ge Carteret, and 
IJix Trnsli) K, 1() till I' list 1 II', I r< Pri)j>rii ti>rs of Knst 
.li /■f<i I/. 

I Kiom Oii^iiiiil in Liliiiiiv "I Nfw .Jersey Histoiiial Society. I 

(Thi.^ ^lUdCUtint made tlu' tlii-st (lay of irchriiary in the 
ffoiir and Thirtieth ycari* of the Kaigne of our ISoveraign 
Liinl Charles the second hy the Grace of (-rod of P^iigland 
ScotUuid fFraiice and Irehmd Kino- Defender of the Ifaith 
tVrc Aniu»(| Domini 16S1 » Between the Kiirht Jlun"!'' 
Dame Kli/.al»eth Cai'teret the Relict and sole Execntrix of 
the last Will and Testament of the liiglit Hono"''' Si" 
George Carteret Knight and lUiron! Deceased, tlie Right 
Ilono"!'" John Earl of Bath, the Right Hono"!'^ Thomas 
Lord Crew Baron Crew of Steane. the Ilono''!*" Bernard 
Greenvile Esq!' Brother to the said Earl of Bath, the 
Hono")"' S!- Robert Atkins Knight of the Bath, the Ilono"!* 
S' Edward Atkyns Knight, one of the Barons of his Ma"** 
Court of Ex('hee<|ner. Th(»mas Boeuck of the parish of 
S' Andrews llolboi'iie in tlie Connty of Middx Gentl. and 
Tiiomas Cremer of the same, Gentl, of the one part ..Viid 
AVilliam Benn of Woi'minghnrst in the Connty of Snssex 
Es*]"" Rohi'rt AV^est of tlie Midle IV'niple hoiidun l->sip". 
Tiionnis Budyard of London (ientl. Samuel (iroome of the 
parish of Stepney in tlie ( "ounty of Middx Mariner. Thomas 
Hart of Enfeihl in the said County of Mi(hi\ Mei"chant, 
Richard Mew of Stepney atoi'esaid Merchant. Thomas Wil- 
cox of J.ondon (icjldsmifh. Ambrose Rigg of (iatton place 
in the County of Surry Gentl, Thomas Ileywood Cittizen 
and Skinnei' of London. Hugh llartsh(»rne Cittizen and 
Skinner of London, Clement Blnmsteed Cittizen and 
Draper of London, and Thomas Cooper (Jittizen and Mer- 
chant-Taylor of London of the other part Witiiesseth, 

1 iiif-i 'i. 



1682] THE FIRST TWELVE PROPKIETORs' LEASE. 867 

That the said Earl of Batli. Lord Crew, Bernard (4reen- 
vill, S'; Robert Atkyns and S'.' Edward Atkjns by and witli 
the Consent and direction of the said Dame Elizabeth 
Carteret Testified by her being a party to these presents, 
and signing and Sealing the same, And the said Thomas 
Pocock and Thomas Cremer ])y and with the Consent and 
direction of the said Dame Elizabeth Carteret, John Earl 
of Bath, Thomas Lord Crew, Bernard C-ri-eenvile, S!' Robert 
Atkyns and S"" Edward Atkyns testifyed, as aforesaid ffor 
and in Considerc'on of the siinre of live shillings of law- 
full money of England to them some or one of them, in 
hand paid by the said AVilliam Penn, Robert West, 
Thomas Rudyard, Samnel Groome, Thomas Hart, Rich- 
ard Mew, Thomas Wilcox, Ambrose Rigg, John Pley- 
wood, Hugh Hartshorne, Clement Plumsteed and Thomas 
Cooper at and before the sealeing and Delivery of these 
presents the recei))t whereof thev doe hereby acknowledge. 
Have Gi'anted, Bargained and sould, and by these jjres. 
ents do Grant, Bargain and Sell to the said William Penn, 
Robert West, Thomas Rudyard, Saranell Groome, Thomas 
Hart, Richard Mew, Thomas Wilcox, Ambrose Rigg ; 
John Ileywood, Hugh Haitshorne, Clement Plumsteed 
and Thomas Cooper All that P^asternly part share and 
porc'on, and all those Easteridy parts, shares and porc'ons 
of all that whole and Entire Tract of Land in America 
heretofore called New Ca:>sarea or New Jersey Extending 
F^astward and Northward along the sea Coasts and a Cer- 
tain River called llndsons River trom the East side of a 
certain place or Harboui' lying on the southerne part of 
the same Tract of Land [and com'only called or Known in 
a Mapp of the said Tract of Land ^ | by the name of l^ittle 
Egg Harbour to that part of the said River called Hud- 
son's River, which is in Iforty one Degrees of Latitude, 
])eing the Iturthermost j)art of the said Tract of Land and 
premisses, which is bounded by the said River and Cross- 
ing over from thence in a Straight Line Extending fi'ora 

1 The words between the brackets interlined in the original. Ed. 



3fi8 NEW .IKKSKV (((r.OMAr. IKMIMKNTS. [16S2 

that )>nrt (if Ilndsdiis River aforesaid tn the Xorthennost 
P>riiiif'li of a fertain River there called Delaware River and 
to the most ^'ortherly poviit or I'oundary ot" the said 
i'.iitire Tract <>t" Land and j)reiiii>ses now callcil the ni»i"th 
j):trtic"on point, and fioni the said north [)artic'on )t<»int 
Kxteiuh'ng Sonthward nnto the jnost Sonthendy l><»ynt 
l)v a Sti-ai^lir and (lii-cct Line di-awn thi'uu<:-h the >aid 
Tract ot' [Land from the said north partic'on point unto 
the said South ])artic"on ]>oint called the Line (d" ])ar- 
tic'on, I)i\i(linii- the said Kasternly jiart, .-liare and porc'on 
fiiini the Westernly pail sliai'c and ))orc"ou of rh(^ saiil 
Tract of J.and, and all and every tlie Lsles, i^hinds. Rivers, 
Mines, IMineralls, AVoods, ffishings IIawkino;.s, Huntings, 
tfowlings and all other Royalties, (iovcrnments, powers, 
(Torts, ff ranch ises, 11 a I'l •ours, profits, (V>niodities and Ileri- 
♦ litaments whatsoexer unto the said Eastei'uly parts, sliare 
and [xirc'on. [)arts, shares and porc'ons of the said Tract 
of Land and prennsses Ijelonging or in anywise apper- 
taining with their and every of their ap])urtennc's. And 
the Re\'ercon and Revcrcons. Remainder auii Remainders, 
Rents, Issues, and profits of the same, and (d' every part 
and i)arcell therecd', Ai.i. which said Kasteridy ])art. share 
an<l porcoii. pai'ts. shares and |ioi-c"on> are called l>y the 
)iame »»f East New -L-rsey. To n.w k ano lo noi.o tlie 
said KasteiMdy pai-t. share aii<l p(,)rcon. Kasteridy j>arts, 
shares and porc'oiis of the said Tract of Land and now 
called V.:\>t New deisey, and all and lingular other the 
premis.>es herein nieiic'oned or intended to hee herehy har- 
gained and >oul<l with their and every of tiieir appur- 
tennc's unto the said William Penn, Robert AVest, Tlnunas 
Rudvaid Samuell (iroonu", Thomas Hart, Richard Mew, 
Thomas AVilcox, Ainl»ro>e Rigu'. dolin lleywood. Hugh 
1 laitshorne. (Mi-nieut IMumsti'edi' and Thomas Oooi)er their 
Executors, adnnnistrators and assignes from the day m-xt 
hefore the date (d' these presents for and unto the full end 
and time ot" one whole \eare tVom thenci' lu'xt (•n>uinge 
and fully to hee compleate and ended. ^ eildllig' and 



1^82] THE FIRST TWELVE PROPRrETORs' LEASE. 369 

paying the Rent of one [)epper Come at the tteast of 8': 
Michaell the Areli Aiio-ell, if the same bee lawfully de- 
manded. To the intent <S: pnrpose, that by virtue of these 
pn'tes and of the statute for transferring uses into posses- 
sion tlie said William Penn, Robert West, Thomas Rud- 
yard, Samuell Groome, Thomas Hai't, Richard Mew, 
Thomas Wilcox, Ambrose Rigg, John Hey wood, Hugh 
Hartshorne, Clement Flumsteed, and Thomas Cooper may 
bee in the actuall possession of the said premisses and be 
thereby enabled to accept a Grant and Release of the 
Rev^ersion and Inheritance thereof to them and their 
Heires. In Witnes whereof the said j)arties to these pres- 
ents have to these present Indentnres interchangeably Sett 
their hands and Scales. Dated the day and yeare lirst 
above written. 




Bathe, Crewe B Grenville Robert Atkyns 

Edw. Atkyns Tho: Pococke Tho Cremer. 

I Oil the back. J 

Sealed and Deliv'ed by the within named Dame Eliza- 
beth Carteret the Right Hono"'^ the Earl of Bath the Right 
Hono*"^ the Lord Crew the Hono*'"^ Bernard Greenvile 
Esq-^ the Hon''"^ S'.' Edward Atkyns Kn', Thomas Pococke 
and Thomas Cremer In the p''sence of 

Geo Macy 
Ste: Melli(;hap 
Harb'' Springett Jnn'' 
Ben: Wetton 
Sealed and Delivei-ed by the w"'in named Sr Robert 
Atkyns in the presence of 

Anna Dawson 
.John Reynolds 
Efka: Whtiham 
John Dangerfeild. 



370 Ni:w .rKRKp:Y coi.omai. ikx-umentp. [1682 



J >i I (I from Jii/iii I'linrifk, fa W/IJiKnt /*< nit, for 1 1 ((if of 
y, I'll' Ji r,sii/. 

IKioni Uliffiiial C'oiiii1(-rv:irl in tin Xcw .Icrscy Histoiii'ii! Society I.iliiarv.) 

This Inuentuke madf tliu 'i'wt'iitT tliii-d dav of tlie tir^t 
Montli Called March, in y'' year According to English 
account. One Thousand Six Hundred Eighty and Two. 
Between Jolm Feiiiiwick by y*' name of John Feiin- 
Avicks Escj' of Fennwicks Colony, in New Jersey in 
America, of the one Pai't ; and WiHiiiin Penn ProprieV 
& Gavetn'oi PtunKilcini'm, and the Territories thereof of 
y*" other part ; AVitiiessetli That the said John Fcnnwirk 
for and in ( 'oiisidt'i'ation of y'" Sum'e of Tenn Sliiliings to 
him in liand before the Ensealing and Delivery of these 
Presents by y'' said Wii/a/ni Pi mt well A: truely contented 
and paid, whei'eof y*^ said Jolm Fennwlch doth hereby 
Acknowledge the Receipt, iV thereof tt of every part 
thereof doth clearly acquit exonerate and discharge y'' said 
William Penn, his Heirs, Executo" and Administrate, and 
everj' of them for Ever by these Presents : And for divers 
other good causes, weighty and Valuable Considerations 
him hereunto moving Hath Given, Granted, Bargained 
Sold Aliened Released, Enfeoffed A: Confirmed and by 
these Presents for himselfe his Heirs and xVssignes D(it?i 
Give Grant Bargain Sell Alien Release Enfeoffe ct Con- 
firme untt> y*' said William Penn, his Heirs & Assignes 
for Jivir, all and Every his the said John Pctinirirk his 
Right p]state title Interest use ])ossession Claime and 
demand Reversion Remainder iV Property whatsoever 
which he y'" said John Pe/unrir/,- now hath, or hath had, or 
may at any time or times hereafter claime to have of in 
and to one whoh' undixided lialfe part of J\rir Jerincy in 
A'inerira ; J^ate in Copartnershij)j> A: .loynt Ten'ancy in 
Fee & ConTon Soecage with *V liiunji (kirti'rrt Baronei 
as by tk'cd fi'oni John Lonl liii'ldij P>art>n of Strat- 



1682] DEED FROM FENWICKE TO WM. PENN. 371 

ton, dated in March one Thousand Six Hundred Seventy 
Three, doth and may appear, and also All his y® s"? Johii 
Fenwlcl: his right Estate Title Interest Property claime & 
denaand whatsoever, by Law or Equity he is Intituled unto 
b3' virtue of his Survivourshipp or may at any time or 
times hereafter claime to have, of, in <k to y*' Tenn Equall 
parts of y^ whole undivided Halfe menc'oned in a Deed of 
uses by him made to William Penn Gawen Lowry & 
Nicolas Lucas, dated in February one Thousand Six hun- 
dred Seventy four ; {ExcejptiiKj and always for prized out 
of this Grant to y*^ s*^ John Fennwick his heirs & Assignes 
y*' quantitv of one Hundred ^ fifty Thousand Acres in 
that Tract of Land called FennM'icks Colony being part c^ 
parcell of y® af ores*^ Tenth with power and privilege hence- 
forth to hold and Keep Courte Leets ct; Court Barons 
under y*^ Governm' of y"r s*? Wdliaui Penn his heirs & 
Assignes in Such part thereof where he hath not already 
granted alienated y'' power of so doing together w**^ all y"^ 
Rents Issues & proltitts thereof in Consideration whereof 
y® s*? John Fenw^ick his Heirs & Assignes shall pay unto 
ye gd "William Penn his Heirs & Assignes yearly for ever 
Two Buck skins on y^ Twenty ninth day of September in 
every year if Lawfully demanded) together with all Royal- 
ties powers services govern*** Jurisdictions & preheminen- 
ces whatsoever to him y® s*' John Fennwick in Any wise 
appertaining by virtue of all or any deeds afores'^, & all 
Pattents Charters" deeds writings evidences escripts and 
minin'*- [('J whatsoever {Except w^ perly \_Cj relates to y*^ 
before excepted & forprised Lands) touching or concerning 
y'^ P'mises or any part or parcell of them To Have <fe to 
Hold all & Singular y"' P'mises hereby granted bargained 
Aliened released Enfeoffed & Confirmed w'*' their &, every 
of their appurtinances to Him y*^ s*? AVilliam Penn his 
heirs & Assignes tfc to y*^ only proper use ct behoofe of 
him y*^ s*^ William Penn his heirs &, [Assignes^] for Ever 
except as before is excepted And y^- said John Fennwick 
for himselfe his heirs Executo*"" cfe Administrat"'* doth here- 



372 NKW .IKKSKY COl.nMAI, IXM TMKNTP. [lfiS2 

l)_v coMvoiiant ^iMiit and a^^ivc to vV- \v"' y'' >'• AVilliaiii I'eiin 
liiR heirs A: Assitrnes That lie y*^ s*! AVilliam Pciin his heirs 
<fe Assignee shall c^- may at all times for ever hereafter 
j)eaceably <k »|iiietly liave hold use A: enjoy all tV: singular 
y*" before granted p'"mises with y'' A|)urtenaiices except 
[as before?] excepted according to y'' true intent 6c mean- 
ing liereof W'out any Let suit or Trouble w'soever of 
and by y'' s^ Jolm Fcnwick his lieirs Kxecuf*' .Vdminisf^ iV: 
Assignes or any otlu-i- person or pci'sons whatsoever Law- 
fully claiming by tVom or under him tiiem or any of them 
or by his or their means privity Consent or procurem' 
And y^ free 6z Clear or fi-eely A: clearly actpiitted exhon- 
erated A: dischai-ged by y* s'! .lolin Lennwick his heirs 
P^xecuf" or Administraf.'' of and from all manner of former 
<fe other gifts grants bargains sales leases morgages Joyn- 
tures dowers Judgem*.'* execuc'ons entails and generaley of 
<te from all other Titles Troubles <fe demands w'soever 
except w^ relates to y*^ before excepted premises had made 
com'itted or done l)y y'" s4 .John Fennwick his heirs or 
Assignes or by an3^ other })erson or persons whatsoever 
Lawfully claiming by from or under him them or any of 
them And y^ y*^ s*? John Fennwick his heirs Execuf* & 
Administrat''' shall and will from time to time or at any 
time hereafter at y*^ reasonable re(piest cost tV Charges of 
y® s* William Penn his heirs & Assignes do make ackn(»wl- 
edge execute & suflei" or cause t(» W made acknowledged 
executed suffered Sz d(»neali S: every such further A" other 
Lawfull Act acts assurance <S: assurances for y* further A* 
better assuring & conveying of all his y'' s'! John Penn- 
wicks his right estate title Interest property claime ife 
demand what soever of in iVr to y"' s*! New Jersey tfe of all 
and every part thereof (except as before excepted) together 
w''.'' all Royalties j)owei-s Services goverimi'." Jurisdictions 6z 
preheminences whatsoever tliereunto belonging unto hiin 
y* s*! William Penn his heirs and assignes foi' ever in as 
full tV: am])le manner as he y*' s'' William Penn his heirs 
or Assignes shall reasonably i'e(jnii'e de\ isi- or demand 



1682] 



AGREEMENT AS TO SURVIVORSHIP. 






In AA'ittiiess whei-eof y'^ Tartys .... tirst above 
mentioned To these Present Indeiitni-es Interchangeably 
have Sett their liands ct" Si>als y'' (hiy & year tii-st al)0ve 
written 



[seal.] 




[Ou the baek.l 

■ Sealed and Delivered in the 
P'"sene of Tno: Holme 

Philip Th — — 
Sam'^'' Hedge 
John Smith 



Sec>- 



Ayreeinent of the Twelve Pmprietors of Ead 'hrxey as to 
the Benefit of ^Survivorship. 

fFrom the Original in the Liltiary o/' the New Jersey Historical Society! 

The Deed to prveiit the benefit of sui'vi\'"8hip by 
the Purchasers of East New Jersey 

EHi.S KtttlCntUU made the ffirst Day of June in the 
ifour and Thirtieth year of the Kaigne of our Soveraigne 
Lord Charles the second by the grace of God of England 
Scotland if ranee and Ireland King Defend"" of the Ifaith 
tfec Annoq: Domini 1682 ^ctii'ccii William Penn of War- 
minghurst in the County of Sussex Esq'.' of the tirst part 
Kobert West of the Middle Temple London Es(|'. of the 
second part Tiiomas Rudyard t>f London Gent, of tiie 
Third part Samuell Groom of the parish of Stepney in the 
said County of Midds\\ marriner of the Ifourtii part 
Thomas Hart of Entield in the said Countv of Midds'x, 



374 NKW .t?:rsky foi.oNiAi. norrMENr*. [1682 

raerelit of tlie Ihffli ])ai't liicliaid ^few of Stopney aforesaid 
nierclit of tlie sixth part Thomas Willcox of London Gold- 
smith of tlio Seaventh part Amhi-ose Kiiric <*f (ratton place 
in the (Jounty of Snn-ey Gcnrlciiiaii of tlie p]i(^hth part 
John Ileywood Citti/ceii and Skinner of London of the 
Ninth part llni2,h ILirtshorn Cittizen and Skinner of Lon- 
don of the Tenth part Clement Plnmsteed Cittizen and 
Draper of London of the Eleventh part and Thomas 
Cooper ('ittizen and merehant-tayht'' of London of the 
Twelfth part ^i'hfvcasi the said William Penn Kohert 
West Thomas Rndyard Samnell Groom Thomas Hart 
Richard Mew Thomas Willcox Ambrose Rio-nr John Iley- 
wood Hugh Hartshorn Clement Plnmsteed and Thomas 
Cooper have lately jiurchased of and from the said John 
Earl of Path Thomas Lord Crew Pernard Greenvile S'.' 
Pu)l)ert Atkyno Kn' of the Path and S': Edward Atkyne 
Kn' one of the Parions of his IMa^'.'* Court of Excheq^ 
appointed Trustees by the last AVill of S^ George Carteret 
late of Saltram in the County of Devon Knl and Parr' 
Deceased for the sale of Lands for the payment of his 
Debts and Lemieies and of and from 'J'homas Poeoek of 
the parish of S^ Andrews 11 olborne in the County of 
Midds'x Gents, and Thomas Cremer of the same place 
Gentleman A certain Tract of Land in America now called 
East New Jersey and All Isles Islands Rivers Mines 
Mineralls Woods ffishings Ilawlings ILintings ftowlings 
and all oth(,'r Royalties Governments powers fforts ffran- 
chises ILirbo""." profitts Com'odities and Hereditaments 
whatsoever to the said Tract of Land belongijig with their 
and every of their Appuitan'ces together with all Arrears 
of Rent incurred since the Death of the said S!" George 
Carteret Aiul likewise have i)urchased from Dame Eliza- 
beth Carteret the Pelict and Sole Kxecutrix of the said 
S'.' (George Carteret All Arrears of lient incurred and 
grown Due in the life time of the said Sr George Carteret 
as in and by the seveiall Grants from the said Earl of Path 
Lord Crew Pernaid Greenvile S'' Rol)ert Atkvne S'' Ed- 



1682] 



agrep:mp:nt as to suRrivoRSHiP. 



W 



ward Atkyne Thomas Pocock and Thomas Cremer and 
from the said Lady Carteret relation being therevnto had 
It doth and may appear. |Toiv uitnc,«i5icth this Indenture 
that it is hereby Declared and agi-eed by all and eu'"y the 
said parties to these p'sents that the moneys paid for the 
said purchase of the said Tract of Land and p'misses and 
also the Arrears of Rent were paid by the said William 
Penn Robert West Thomas Rudyard Samuell Groom 
Thomas Hart Richard Mew Thomas Willcox Ambrose 
Rigg John Hey wood Hugh Hartshorn Clement Plumsteed 
and Thomas Cooper equally and in equall pportions and 
that the said purchase was made and intended for the 
equall benefit and advantage of them their sen'all Heires 
and Assignes in Twelve equall parts %\\i\, therefore It is 
Cov''ented Granted concluded and agreed by and between 
all and everj^ of the said parties that there shall not be any 
benefitt of Surviv''shipp amongst the said parties for or 
concerning all or any of tlie said p'misses for or by reason 
of the death of any one or more of them bnt that the 
Heires or Assignes of all and every of the said parties soe 
Dyeing shall enjoy the share and portion thereof which 
the said severall parties now haue therein ^tt wititf.'Si.se 
whereof the parties to these p''sents interchangeably have 
sett their hands and scales the Day and year first above 
written 



Wm Penn 

[L. S.] 



RoBT. West 

[l. s.l 



Tho RfOYARD 

[L. S.] 



Rich: Mew 

[l. s.] 



Ambrose Rigg 

[L. S.] 



Hdgh Hartshorn 

1 1., s.l 



Samuel Groom Tho: Hart 

[l. S.] ' |L. S.] 



Tho: Wii-lcox 

|_L. S.] 



John Heywood Clem^ Plumsted Tho: Cooper 

[l. s.] [l. s.] * [l. S.J 



37*5 NEW .IKRSEY C(»I.< >NI.\ I. lUMTMEXTS. [16S2 

[Oil tbi. Lack.] 

Sealed and delixeivd SealiMl and Delivered by 

l)y tlie within named Wil- the within named Robert 

liam Penn and Aml)r()>e West Thomas Kudyard Sam- 

liigg in the presence of nel Grocm liichard Mew 

Harh' SpRiNtiKTi Thomas Hart Tiiumas Wil- 

J. iS SwixToN <'ox Hugh Hartshorne John 

W^' (.TiiisoN Hey wood Clement Plum- 

sted and Tliomas (.'ooper in 

the presence of 

W" (tIBSON 

Edmund J>arrinoton 
Harb^ S PR I no kit 

W^ (flBSON 



CV>iii III iK.-ooii.'i of 'J}i(>iii(l.-< Ii inl 1/(1 I'd ,^ lis Src/'t'ftti'i/ ilmJ 
Regii<tei\ ami SuhihiI (ironm, lis Jii'i-ri lur (icm't'id, 
(if Kiisf .Jirsi'ij. 

I Kidiii Co;'''''* iiiiioiit; tlic Maiiuscripl.s of W. A. Whiti'liead. | 

KoHKirr Hau( i.AV Ks(,/! I*roi>rit't(>i' c^- (ion (M-iior and 
the ivst of the ri'oprictors K)i. the Pro\ inee id' 
iCast new derse\ 

Tit iiiir trtisti/ it' irill lirhn'iil TnoMAs KrovAlcD (iiut Sriul 
Greetinij. 

I the said Ilobert JJarehiv bt'ini'- well assured of thv Skill 



1 Thomas Ridvaho was oiijtinally from the towu of Kudyniil. in StalJordshire ; 
luit, at the time of his appoiiitineiit. wat* a residi-iit of Loiuloii. His k-jial uttainmeDtH 
Were tlion^ht to l)e of a lii;;h ordiT. and it was prohahly his connection with the 
trial of William I'enu and William Mead, in lii70. for acting contrary to the [irovisioutj 
111 the (.'onventicle Act, tliat made him aciiuainted with the East Jersey project. He 
took an active intercut in promoting; the views of the twenty-lour I'roprietaries, and 
his house in (Jeorge Vani, l.oinhard street, became the deposiloiy of their papers, 
maps, A.C., fol- the iiifiiriiiatii)n of iiii|iiii crs. He caini- to tin- I'rcivince in No\ember, 



1682] OOMMISSIOX OF THOMAS RUDYARD. 877 

prudence and Integrity, have tliouglit fit and du bv these 
presents ])y and with the consent of the Said Proprietors 
Nominate Constitute and appoint tliee Secretary and Cheif 
Register for so long time as tliou shalt well and faitlifully 
behave thy Self therein : TTereby authorizing thee to be 
present at all meetings of the Dep'^ GovT and Councill of 
the Said Province, and to take and keep an exact Register 
of all their Acts Orders and Constitutions, As also to 
receive from the Survey!" Generall of the Said Province 
All certificates of land by him laid out and Surve3'ed for 
any person or persons whatsoever according to the Warrant 
from the Deputy Governor and Councill, And the Same 
certificates carefully to Register and file in thine Office, 
And thereupon by vertue of Such Warrants as you Shall 
receive from the Deputy Governor and Councill to draw 
up Such Lease or Leases Conveyance & Assurances of Land 
from the Proprietors and in their names, as Shall accoi'd 
with the Certificate and the form of Assurance now used 
in the Said Province, which being Signed by me or the 
Deputy Gov*" & Councill and Sealed with the Seal of the 
Said Province, thou shaft carefully enroll the Same in thy 
office, that recourse may be had thereunto on all Occasions 
And to do all other Act and Acts thing and things which 
do or Shall belong to the Office of Secretary and Register 
within the Said Province to the best of thy Judgment and 
Skill, And for thy doing the Same thou Shalt receive Such 
Salary es ffees and perquisites as are already or by the 
Generall Assembly of the Said Province Shall be ap- 
pointed and none other. Given under the Seal of our 
Province this sixteenth day of September Anno(| Doni 
1682. 

1682, briuging two daughters with hliii, Margaret and AtiM ; the first of whom be- 
came the wife of Samuel Winder, and subsei|uently of George Wiliocks, and ilie 
other the wife of John West. Ditfering from the Surveyor General asto the mode of 
laying out and allotting lauds, (his Council agreeing with him,) he was superseded in 
July, 1C83. Gawen Lawrie, his successor, entering upon his duties in February, 1(584. 
Mr. Rudyard continued to exercise the duties of Secretary and Register until 1685, 
when he left the Province for the i.sland of Barbadoes. See • East Jersey Under the 
Proprietary (iovernuieiils," pp. IGl lti7. Fn. 



37S \i:W .IKRSEY COLOMAI. n<VU"MKNTS. [1682 

[To this is appended, in tlie liandwririn^- of \N'illiain 
Dockwra,^ the ;iii-ent of the l^roprietors : | 

An--: N 15 

1G8T 1"'.' here is no power of making- a Deputy 

2'' The grant being only personall & no longer 
time than he should well iV faithfully behave 
himself therein. 

His forfeiture is notorious. 

P.' for w^Mrawing from the execution of liis 
duty & takin«- an office in another Province, in 
N. York. , 

2. foi" vttcrly forsaking his duty by settling in 
Jjarbados, a jtower to make a Dej)uty might have 
been a plea, but here can be no preteiu-e, videss 
T. K Arc: count Hectoring <t Huiiing- will main- 
tain a Tvtle ati'' all v*^ woi'ld as well as aa"' 

W. D. 

Robert Bakclay Esq'! Pioju-ietor ci: Governor and 
the rest of the Proprietors of the Province of 
East new Jersey 

'J\> (Hif frtisii/ and ir, II, hilori d Samukm. CtKOo.M Mrrc/ulnt 

Wek being well assured of thy Integrity and prudence 
have thought fitt and do by theise presents Nominate Con- 
stitute and a])point thee Keceiver General of the Said Prov- 
ince for So long time as thou Shalt well and faithfully 

1 -Wli-i.TAM BocKWRA, wlien tii'st inentioiieil in the "East Jei-sey Records," isstyled 
" Merchant of the Parish ot St. Andrew, Undershaft. London." Having taken an 
active part in i)romotinK i-niigration to the Province, by contributions in money and 
sending over settlers on his own account, he became so intimately associated with 
the Proprietors as to be made their agent, and authorized to sign for them all instruc 
tions and other documents which were deemed nece.s.sary by him for the well order- 
ing of theii' alfairs. This was lGf6; two years later be was appointed Keceiver Gen- 
eral and Treasurer of the Province, and, in KiHil, also Secretary and Kcgister of the 
Board of Pi'0|)rietors, performing his duties in tile Province by deputy. In 1G33 a 
penny post was established in London, of which Dockwra soon after obtained the 
management, but did not retain it long. He died in 1717, leaving several sous and 
daughters, but none of the family appear to have visited America. See " East Jersey 
Under the Proprietary Governments," "Jd Edit., p. iHi. Ki>. 



16S2] COMMISSION OF SAMUEL GROOM. 379 

beliave thy Self therein, To collect and receiv^e all Qnitt- 
rents belonging to us and all other inoneves due and 
payable either for the publique use and Stock of the Said 
Province or for the private benefit of us the Proprietors. 
And to issue out all publique monyes by the direction and 
Order of our Governor Deputy Governor and Councill, and 
to remit or return our priv^ate monyes in Such manner as 
thou in thy Judgement shalt think fit, and to do all other 
Act and Acts thing and things that to the Office of a Re- 
ceiver Generall doth belong ; And for thy So receiving and 
disbursing the publique Monyes thou Shalt receive Such 
Salary es ffees and Perquisites as are already or Shalt here- 
after by the generall Assembly of the Said Province be 
appointed and none other. And for our private business 
thou Shalt receive the usuall Commission, allowance of 
other ifactors, Given under the Scale of oui- Province this 
16 day of September 1682. 

[To this is appended, in the handwriting of William 
Dockwra :] 

Qua" What blank com'ission G. L * had, for if he had 
no power to make a dep*^ his exceeding his power invali- 
dates y*^ com'ission especially if y^ patent was Signed & 
sealed here by y^ Gov'' &c. for after that thing be added 
or any materiall alteration it makes it void 

W"^ Haige never was concern'd to direct any thinge 

& qua^: what deputation was made by him to G. L and 
where. 

Consider y' G. L. being dismist by j)nl)liqne (^rder from 
y® propr. vnder their province scale. 



The RegiHter of Scotland to Sir Jolm Werden. 

[From " Kew York Colonial Docuraents,'' Vol. III., p. :t2y.| 

\_jExtract.'\ I did write to you formerly of our desire 
who are Proprietors of East Jersey, to have our gov- 

1 Gawen Lawrie. Ed. 



3i^0 NEW .IKUSF.V CDI.oMAI. DdCrMKXTS. [168;> 

enieiii' ratlier li(»klL'ii liv ('limtcr (if his R" IP" y" as it is at 
|)'"sent by transmission I'njni oui' anthers without any aug- 
nuMitac'on of oni- juiviledae^^, hut tnily to be iind'^ y" 
Dukes immediate prorection 
[Deoenihcr I'l. K'.S-J. | 



.SV/' ./n/ui II I nh II ill t/ir J.iiril Ri'^j'itili'i'. 

( Fioui 'New York Coldiiial l)i)rmiifiit.s. ' Vol. 111., p. 'X.W.\ 

S' James's 4 ,lany. (8|) 
.My L<.nl 

1 >hoiil(l liave an<wt.'i'e(l yo' I.oi'<l>'" of ye 21. Dec*" 
soonei-, lint y' I have waited a i^-ood o|ij)orrnnity to make 
y*" ])i'o])usall nieiic"oned in \ o' left' ahont y'' East |)art of 
New Jersey. 

And now I am to (U'>ire a little further explanation of 
m' is aynied at in y'" proposal!, y' is, wliethei" the Propriet" 
of East New Jersey designe to Joyne y' to New ^ ork (as 
heretofore) as a part of y' goNernem' and soe shai-e in it 
by sending tlieii- Ive})resentatives to y'' Assembly at New 
Yorke (in sucli nnnd)er as may bt' agreed on, if it be 
thought fitt) and contribnting to y' i)ublique charge in 
proporc'on ttc or else whether haveing their governem' in 
E. New Jersey holden by Charter from his R" IP i me- 
diately ratlier then by transmission from their Authors 
(as yo"' Lre expresses it) and being und' the J)ukes protec- 
tion to be undei'stood oidy of the Dukes contirmac'on of 
their rights & ])()ssessions rhei\', as they are derived unto 
\ '" from Sir (u'o. Cai'tiTett or his heires. l»y vei'tne of 
y'' I)nkes grant heretofore to him and y'" 

M<»reover for the ease of negotiating y' affaire 1 desire 
N'o"" l^ord.-'' will appoint some one ^well instructed) empow- 
ered to answei- such objecc'ons as may be started by his 
R" H" Com''" heiv. w" y' is layd before them. 

To the li' Hon'''- IJH- Lord lu'irister in Edinburgh. 



1683] JAMES NEVILL TO GOVERNOR PENN. 381 



LettfT froiii JaiiK H jV>'rlU to Goi^ernor Perm. 

IFroni '• Peiii)s\ ivania Archives, " Vol. T.. p. 55 | 

Deare Friend 

On the first dav of this weeke, after v*^ inoetiiiiJ:, I in- 
formed friends, That 1 liad some matter of importance to 
impart to ye people, and desired tliem to give notice there- 
of to as many as they could, to meete at Salem on the next 
day ; accordingly, there came tojj^ether about 30 ])sons, to 
whom r read the inclosed, at w'''^ George Deacon, John 
Thompson and seaverall others seemed highly displeased, 
Saying they would stand by the Concessions. I demanded 
of ye two foremensconed persons, whose leggs they would 
stand on, for their own legg had fail'd them formerly, 
&c. : they asked what I had to doe to medle in such Mat- 
ters, w'*^ out acquainting them : I answered, I thought y™ 
not psons fitt to be of my Councill, &c : Some said, if the 
Governm'^ belonged to thee, tliou might assume it w'^'out 
our peticoning thee thereto : 1 replyed, thou would'st 
rather have it by consent of the people also ; for W"' 
Called ye Conquer'' acknowledged he was chosen King, by 
the consent of ye people : ma'y words past, when it ap- 
peared y' some had not learn'd how to keepe Silence, nor 
yet to speake to purpose ; at last it was agreed that all ye 
Inhabitants should have Notice to meete on the second 
day of this instant mo*'', and al)Out 60 psons came together ; 
the most jjart willingly Subscribed, & all ye rest, except 
two psons (after along dispute) did the like, All generally 
desiring thee to adinitt, that the people may have the 
Nomination of thy Deputy Gov'no'' and the Justices of ye 
peace ; John ffeiiwick did not appeare, his son Hedge told 
me he thought his father M-ould not doe any thing until 
he had been w*'' thee ; I have sent thee herew*'' his Com- 
mission, desiring it may never come to his hand, for the 
people have had so much experience of his ambition, I'cc, 



3S2 NEW .r?:RSKY colonial documents. [1683 

f(H-iiic'rly, and it is credibly re])ortt'(l tliat lie hath boasted 
(Since thy being here) y*^ all is his : That very few or none 
of the Sober people can williiiirh- rcc" him in Authority 
e.\ce])t I should aeijnaint y'"' w"' ye meaning thereof, w'^^ 
I tliiiikc will iiof !)(' expedient; and I doe foresee y* he 
and his Tribe Avilbe so arrogant, that the peace of ye peo- 
ple wilbe much disquieted thereby, if not ])rudentially 
p'"vented, it may be Expected y' all things will be in dis- 
ord"" when bad men hold tlie best places of Credit, Though 
I could veryly hoj^e m}' enemy Avere reconciled, and that 
there resteth no malice in him towards me, Neverthelesse, 
blame me not to be so considerate and provident, That put 
the case he should have the will to hurt me, yet he shall 
not have the opportunity, or occasion to doe it, by any Act 
of mine ; As for thee, I declared to the people that I doe 
Conlidently believe that thou intend'st Such an establishm'' 
that men shall not have a means oi* <)pj)ortunity either to 

or prejudice the Pidjlick w'^'out extreme 

hazard and Daing'' to y'^''"selves ; And to remove (^as much 
as may l)e) all disgusts and heartburnings, and to setle this 
country vpon the fairest probabillitys of a lasting peace 
and (>:)ntentfull establishm' : To Defend ye poore and 
fatherlesse, to doe Justi(;e to the Xeedy, and to deliver 
y'^"' out of the hands of those y* are too Strong and mighty 
for v*'"' : This I declare w"' inr^'grity of lu-art, wIki am thy 
loving and IvespectfuU Iriend 

James Nevill 
Salcm ;5^ jrst mo., 10S2-3 

I think it may be the best to setle Jo° rienwick in the 
Province of Pensilvania, and remove him, so that he have 
noe interest or Clayme here, least being in possession he 
Shoulde addc to his ptie, w'" he hath allready made for his 
pticular interest. 1 wish thyne and the people's felicity, 
and freely leave the ordering thereof to the Wisdom of 
t.f God in thee J. N 

lie hath oifcivd to j-ell Land to a Tavlor v' workes w''' 



1683] GRANT TO TWENTY-FOUR PROPRIETORS. 383 

me, this weeke last past, ye quantity 300 acrs, and to sell 
one hundred to a Scotchman & give him another, both 
p'ties affirmed this in my house (viz*) ye Scotchman ifc ye 
"Taylor. 

For William Penn, Proprief & Govern'" 
of Pensilvania, These,'' — 



Helease from the JJakt of York to tht, Twenty four 
Proprietor.^ of East Jersey. 

[From " Grauts and Concessions," p. 141.] 

This Indenture made the Fourteenth D^y of March., 
in the five and Thirtieth Year of the E,sign of our Sov- 
ereign Lord Charles the Second, by the Grace of God 
of England, Scotland., France and Ireland King, Defender 
of the Faith, &c. Anno iJonilni 1682.* Between his 
Royal Highness the most illustrious Prince James, Duke 
of YorJc and Alhany, Earl of Ulster., &c. only Brother to 
our Sovereign Lord the King, of the one Part, and the 
Right Honourable James Earl of Perth, of the Kingdom 
of Scotland; the Honourable John Pranimond, of Limdy, 
in the said Kingdom of Scotland, Esq., Robert BarcMy, of 
Eury, in the said Kingdom of Scotland, Esq ; David 
Barckly, jun. of Eury aforesaid. Esq ; Robert Gordon, of 
of Cluny, in the Kingdom of Scotland, Esq ; Arent Son- 
mans, of WaUinyford, in the Kingdom of Scotland, Esq ; 
Williani Penn, of Wormiiighar.st, in the County of Saf<- 
sex, Esq ; Robert West, of the Middle Temple, London, 
Esq ; Thomas Rudyard, of London, Gentleman ; Samnel 
Groorne, of the Parish of Stejrney, in the County of Mid- 
dlesex, Marriner ; Thomas Hart, of Enfield, in the said 
County of Middlesex, Merchant ; Richard Mew, of Step- 
ney, aforesaid. Merchant; And>rose Rlgg of Catton Place, 
in the County of Surry, Gentleman ; Thomas Cooper, 
Citizen and Merchant Taylor, of London ; Gawn La wry, 

1 March 14, 1682-3. 



3^4 NKW .IKKSKV (or.oMAr. r><>< IMFXT!?. ["16^3 

of J.iiinloii^ Morclianr ; h'thr,i,ul Billin'jr, <>t' the T'ity of 
Wi fit III 1 11x1(1% ill th(j County of Middhscr, (lentlctiiati ; 
.fitiiu s lirit'iiu\ of London, Merchant ; Will in m, Gihson^ 
Citizen and Hal)erdas]ier, <>f Lnnilnn ■ Jnlin, ffai/imnfJ, 
Citizen and Skinnev, of Liindnn ; Uinjli IIii rfsliin'n. Citi- 
zen and Skinner, of Lnnilnn ; ('Jrm, ni Plmnsfi mL Citizen 
nnd Draper, of Linnlnn .- Tlinmiix Barh'i\ of Lohdon, 
Merehant ; Ltnhcii I'lirn-r, of the City of Diddin, in the 
Kins^doin of Irehmd, Merchant ; and Thomas Warne, of 
Dnhliii, aforesaid, in the .said Kingdom of L'lhind, Mer- 
chant, of the other Part. Whkkeas oui- >aid Sovereign 
I>(>i-d the King's Majesty, in ami hy his Letters Patent, 
under the Great Seal o( LJik/IiukL hearing Date the L^ir<lffh 
Day of Mid-cJi, in the Sixteenth Year of His said Majes- 
ty's Reign, did amongst several otlu'r Things therein men- 
tioned, give and grant unto his lloyal Highness James 
Duke of Yoi'l\ his Heirs and Assigns, all that Tract of 
Land adjacent to Xcic-EiKjlaiKh in the Parts of America., 
and lying and l)eing to the AVestward of Lomj-Ldand and 
}ftinIi(dtas-hiaiuL and hounded on the Kast Part by the 
Main Sea ; and East by ILidsotin Rinr ; and hath on the 
West, Delau'are Bay or River; and extendeth Southward 
to the main Ocean as far as Cipc-Maij, at the Mouth of 
DdaaHire-B-Ay ; and to tlie Xortiiward as far as tlie North- 
ermost Branch of the said i^ay or River of Didaicare, 
which is in one and Forty Degrees and I'orty Minutes of 
L:!ttitude, and crossing over thence in a streight Line to 
Hudson's Ri\i'r ill one and Forty Degrees of Lattitude ; 
which said Tract of Land was then after to be called by the 
Name of ycic-Cit'sarra or JVcic-Jersii/, with all the Lands, 
Islands, Soils. Kivi-rs. Alines, Minerals, (^)iiai-ries. Woods, 
Marshes, Waters, Lakes, Fishings, Hawkings, Huntings and 
Fowlings, and all other Jioyalties, Profits, Commodities 
and Hereditaments, unto the said I'remisses belonging and 
appertaining, with their and every of their Ap])urtenances : 
And all his said Majesty's Estate, Ptight. Title, Literest, 
Benefit. Atlvaiitage, Claim and Demand of. in and to the 



1683] GKANT TO TWENTY-FOUR PROPRIETORS. 385 

same Premisses, or any Part or Parcel thereof, and the 
Reversion and Reversions, Remainder and Remainders, 
together with the yearly and other Rents, Revenues and 
Profits of the same, and of every Part and Parcel thereof, 
to hold unto his said Royal Highness the said James Duke 
of Yoi'l-, his Ileirs and Assigns forever ; to be liolden of 
his said Majesty, his Ileirs and Successors, amongst other 
the Things therein granted, as of his Majesty's Mannor of 
East Greeniolch, in his Majesty's Countj^ of Kent, in free 
and common Soccage, and not in Capite or Knight Service, 
under the yearly Rent therein mentioned. And Whereas 
his said Royal Highness James, Duke of Yorh, did here- 
tofore by several good and sufficient Conveyances and 
Assurances under his Hand and Seal duly executed, the 
tirenty-third and tir<')itif-f<nn'tJt. Days of June, in the Six- 
teenth Year of his said Majesty's Reign, for the Considera- 
tion therein mentioned, grant and convey the said Tract of 
Land and Premisses before mentioned to John Lord Berke- 
ley, Baron of Stratton, and one of his Majesty's most 
Llonourable Privy Council, and Sir George Carteret, of 
Saltereni, in the County of Devon, Knight and Baronet, 
and one other of his Majesty's most honourable Privy 
Council, and their Heirs, the said Tract of Land and Prem- 
isses before particularly mentioned, and the Reversion and 
Reversions, Renuiinder and Remainders of the same, To 
Hold unto the said John Lord Berkeley and Sir George 
Carteret, thein Heirs and Assigns forever, under the yearly 
Rent of Twenty Nobles Sterling, payable as the same is 
therein reserved to be paid. And Whereas His said 
Majesty did by other his Letters Patents, dated the twenty 
nhitJi day of Jioie in the six and twentieth Year of his 
said Majesty's Reign, grant and convey unto his said Royal 
Highness, and his Heirs forever, as well the said Tract of 
Ltmd and Premisses herein before recited to have been 
granted and conveyed by his said Royal Highness, unto 
the said JoJin. Loi'd lierkeley and Sir George Carteret as 
aforesaid, as all othei- the Lands and Hereditaments in and 



386 NEW JERSEY COI.UNIAr. ItOCrMENTK. [1683 

hj the said luTuin first before recited Letters Patents 
granted, or raentioiieil to l»t' i>-r;uited. And Wukkeas his 
said Royal Highness by liis Iii(lciiriire <^f Leasi' and Release, 

bearing Date tlu^ of •/'////, in the six and 

twentieth Year of hi> M;ijc>ry"> Reign, did grant and con- 
vey tlie said Ti'act of Laud and Premisses, to tlie said Sir 
(i<()r(j(' ('(irfci'rf^ liis Heirs and Assigns, as l)y the >;aid 
Indentnre, Relation l)eing thereunto had, may a])pear. 
And Whereas upon a Partition made of the whole and 
entire Premisses, between the said Sir (ii-orgt- Corterct and 
WiUiaiii Piiiii of Wdi'iiiiiKjJinrsf, in the County of aSV/.s-av,/', 
P>s<| ; (imrii /.(I irrij, ni /.'^//'A'//. Merchant ; .Vtr/toht-s Lnri/s\ 
of //<,■//(>/■'/. in the County of Ihrtfoi'il^ Malster ; and 
Jul mini lii/lIi/iKii., of Wcxfiiitiisi,/-, in the County of Jl'nl- 
(lhi^)',i'. Gentleman: in wln»ni tlie I'V'c Sim])le of the said 
Ijinl /)<rl,'rl,if.-<, niidi\ided Moyety, of all ami singnlar tlie 
Premises, by good and sufHcient Conveyances, was then 
vestecl the said WilJium /*< mi. (imrin Jjin'rij, S'n-hnl<i>< 
Lu<-ai< and l\ilir,ir<l /'hjIIi/ikji , did bargain, sell, release and 
coniirm unto the said Sir (i<-nr(/r Cart^rd, his Heirs and 
Assigns, all that Easterly I*art. Share and Portion, and 
all those Easterly Parts, Shares and Portions of the said 
whole and entire Tract of Land and Premises before men- 
tioned, extending Eastward and Northward along the Sea 
Coasts and the said River called I/udftons River, from 
the East side of a certain Place or Harbour, lying on the 
Southerly Part of the same Tract of Jiand, and commonly 
failed or known in a Ma]) of tlie said Tract of Land, by 
tlic name of /.iff/, /:'i/t/- //,///»>"/■. to that Part of the said 
River called II iiils4,,,'x River, which is in Forty one De- 
grees of Lattitude. l»eing the Northermost Part of the said 
Tract (d' Land and Premisses, wliicli is Ixtnndcd by the 
said Rivei" ; and ci-ossing over from thence in a sti-aighr 
Line, extending fi-om that Pai't of //in/son's River afore- 
said, to the Northcrmost Prancdi of the atoremeiitioned 
River called Ihlmnnt River, and to tin' m(»st noi'therly 
f^oint oi- Bo\imlai'v of the said entire Tract of Laml and 



]683] GRANT TO TWENTY-FOUR PROPRIETORS. 387 

Premisses, now called the JSTorth Partition Point ; and from 
thence, that is to say, from the North Partition Point, 
extending Southward, unto the more southerly Point, by 
a straight and direct Line drawn throngli the said Tract of 
Land, fi-oni the said North Partition Point unto the said 
South Partition Point, by the Consent and Agreement of 
the said Parties, now called the Line of Partition, and by 
them intended for tlie dividing and making a Partition of 
the Easterly Part, Share and Portion, from tlie AVesterly 
Part, Share and Portion of the said Tract of Land and 
Pi-einisses ; and all and every the Isles, Islands, Pivers, 
Mines, Minerals, Woods, Fishings, Llawkings, Huntings 
and Fowlings, and all other Poyalties, Governments, Pow- 
ers, Forts, Franchises, ITarhours, Profits, Commodities and 
Hereditaments whatsoever, unto the said Easterly Part, 
Share and Portion of the said Tract of Land and Premis- 
ses, belonging or in any wise ajDpertaining, with their and 
every of their Appurtenances ; and all the Estate, Pight, 
Title, Interest, Claim and Demand whatsoever of them the 
said William Penn, Gaion Lavjry^ Nicholas Lucas and 
Edward Byllynge, and of eacli and every of them, of, into 
and out of the said Easterly Part, Share and Portion of the 
said Tract of Land and Premisses, and every Part and 
Parcel thei-eof, and the Reversion and Reversions, Remain- 
der and Remainders of the same, and every Part and 
Parcel of the same : All which said Easterly Part, Shai'e 
and Portion, Parts, Shares and Portions, was and were 
then, and now is, and are by the Consent and Agreement 
of the said Parties to the said Partition, called and agreed 
from henceforth to be called b}^ the Name of East Neio- 
Jersey ; and is all that, and only that Part, Share and 
Portion, and all those Parts, Shares and Portions of the 
said Tract of Land and Premisses, so conveyed by his said 
Royal Highness as aforesaid, as lyeth and extendeth East- 
ward from the East Side of the said Line of Partition 
before mentioned. To Hold to the said Sir George Carteret^ 
his Heirs and Assigns in severalty, to the Use of him the 



388 NKW .IKKSKY (OH)NIAI. nociMKNTS, [1683 

said Sir ii<i>itii i'lirli nl .\\'\> Ilcirs and Assiirns forever; 
upon which Partition so made, and such Conveyance 8o 
executed as aforesaid, he the said Sir Cjioiyr ('K/icz-if he- 
canie seized of all that Kasterh' Part of the said I'reniisses, 
now (tailed K'f-sf JVnr.Jt'/'.sr;/, with its Appurtenances in 
severalty. .Vni> Wiiki;i:as the said Sir (iinnji Ciiii'i-ct 
hein^-. by Virtue of the said Assurances and J*artition 
aforesaid, become sole seixetl to him and his Heirs of the 
said Premisses caUed J-jist Xiir-.f, rs< ;/. \\\ his last Will and 
Testament in Writing, bearing Date on or about the v'ffh 
Dav of DoiiiJicr in the Year of our Lord One TJniu.siiinl 
S'lx II ninli-ed Seventij <tntl h'iij/if, <iid devise the same, and 
all his Estate therein, amongst other Things, to the Right 
Honourable tjhi'aril, Eai'l of S<i,,<hr'i<-/i, the Right II»»ii- 
ourable ./'V/// Earl of />'//// .• the Right Ijonowrahh' TIkhkiis^ 
Loi-d ^/v//% Baron 6/v///', of ^'A "/" ,' tlie Honourable Ii<i- 
nard ( I mn i^'dh'. Esq; Brothel' of the said Earl of Bulli ; 
the Honourable Sir /,'/>/»/■/ J////^.v, Knight of the Bath ; 
the Hononral)le Sir Edn'urd AiLius^ Knight, one of the 
Barons of his Majesty's Court of Exche([uer. and their 
Heirs in Trust, to sell the same for the Payment of his 
Di'bts and Legacies, as in and by the said Will. Relation 
being thereunto had, may appear, and shortly after dyed. 
And Whereas the said Jo/nu Eai-1 of Unfit : Tliomax, Lord 
('/■< ir : n, riKirtI iij'i ' n rilli ; Sir h'olx rf Aihnis ; and Sir 
I'difdiu/ Atkins^ by Indentures of Lease and lielease, bear- 
in-;- I)atc t\\L\p'ffIi and slrf/i Days of JIi//-<It, m the two 
and thirtit'th Year of his Majesty's KtMgn, conveyed the 
said Premisses, amongst othei" Things, to Thoriu(.'< i'i'<iii(i\ 
of the l*arish of St. Aiidr< irs^ IIt,U»)ni'ii< , in the County of 
Mid<lli'se,i'^ Gentleman, and Ilmnnix Bnrorl,' of the same, 
(Gentleman, as by the said Imleiitures, relation being there- 
unto had. it may a))pear. And Whereas the said Earl of 
Siiiidii-'nii. by his Indenture hcai-ing Date the Twenti«^tli 
Day of Fihfiiiiri/ last past, hath I'cleased all his Estate, 
Interest and Trust in the said Premisses, to the said Earl 
of Ihith, Lord ( 'nil' Ij< r/mnl (i /•<.'<' iirdh, Sir Jiohn't Atl'lih-t, 



1683] GRANT TO TWKNTV-ForR PROPRIETORS. 389 

and Sir Edintrd Atllti.^, and their Heirs, as by tlie said 
Indenture, relation beino- thereunto liad, nuiy appear. And 
Wliereas the said Earl of Baf/i, Lord CWiv^ Bernurd 
Gi'('('iri''illi\ Sir Rdxii Atl-!ii><, and Sir Edn^ard AtJcin.s, 
by the Consent and Dii-ection of Dame Elhidxili Cdripyct, 
Reliek and Executrix of tlie said Sir George Ckiiicrd : and 
the said The)iii<ix Vi-eincr and TJumraa Pocoeh, by the (Jon- 
sent and Direction of the said Dame Elizaheth Carteret^ 
Earl of B(dh, Lord Crea^ Bernard Greenmlle, Sir liolxrt 
Atkins^ and Sir Edirard Atkins^ have by Indentures of 
Lease and Release, bearing date the frsf and second Days 
of Fehruary last past, granted and conveyed to the said 
Willimii, Penn, Iiol>ert TH'-v^, TIioiikih Rudijard., Sainiiel 
Grooine, Thomas Hart, Richard Alev\ Thomas Wilcox, of 
London Goldsmith, Andjrose Iii<j(/, Jolin Ilaijicood, IIik/Ji 
.H<(rfxJiorn, Clement Plumstc((d, and Thomas Cooper, their 
Heirs and Assigns, all the said Premisses called East Neic- 
Je'rsey, together with all Isles, Islands, Rivers, Mines. 
Minerals, Woods, Fishings, Hawkings. Huntings, Fowl- 
ings and all other Royalties, Privileges, Franchises, Forts, 
Harbours, Profits, Commodities, and Hereditaments what- 
soever, thereunto belonging, as in and by the said Inden- 
tures, relation being thereunto had, may more at large 
appear. And wdiereas the the said William Penn, liohei-t 
West, Thomas Jludyard, Samuel Grooine, Thomas Ilart^ 
Pi chard ATar, Thomas Wilcox, Amhrose Pigejs John Jlaij- 
wood, J I ugh Hartshorne, Clement Plumstead, and Thomas 
Cooper, have since conveyed one Moyety of the said Tract 
of Land called East New-Jersey, and of all other the Prem- 
isses to the said James, Earl of Perth, John Drammoad, 
Rohcrt Bai'cMy, Pohert Gordon, Arcnt Sonmaths, Gatcn 
Laayy, Ed ward Byllyng, James Braiiie, William Gihson, 
Thomas Barker, Pohert Tamer and llioma.s Warne, who 
are thereby become Tenants in Common of the said Prem- 
isses called East New-Jersey, which with the said William 
Penn, Jiolxrt West, TJtoaai.s Bad yard, Samuel Groome, 
Thoma.^ JIart, PicJiard Aleir, Thomas Willeo>/', Amhrose 



3'.K) Ni:\V JEK.SEY COLONIAL DOCUMENT. [1683 

R'ifjg. John Haywood^ Ihnjh Ifaiishorn^ Cit'ment Plum- 
stead, and Thomas Cooper. And Wlici-eas the said Thoinas 
Wilcox hath since conveyed all his Share, Estate, and In- 
terest in the said Premisses, to the said JJavid Ban-klij 
and his Heirs ; And wliereas hy tlie said several recited 
Letters Pat tents, made by liis said Majesty unto his said 
lioyal Highness as aforesaid, several Powers and Authori- 
ties are and were given and granted unto his said Ro3'al 
Highness, his Heirs and Assigns, to be executed by his 
said Poyal Highness, his Heirs or Assigns, or by the 
Deputies, Agents or Commissioners of his said Royal 
Highness, his Heirs or Assigns, which are necessary as 
well for the Planting, Peopleing, and Improving of all and 
every the respective Lands, Places and Tenitories thereof 
granted; and for the Transporting thither from time to 
time such of his Majesty's Subjects as should be willing to 
go or be transpoi'ted into those Parts, or any of them, as 
for the defending, guarding and kee]>ing of the same ; as 
also for the well governing of the same, and of all such as 
shall be inhabiting in the same, and for the nuiking, ordain- 
ing and executing of necessary and convenient Laws and 
Constitutions, in order to such Government ; and the ]>un- 
isliing and pardoning Offences and Offenders, as occasion 
shall require; and to make, ordain, constitute, and confirm, 
and also to revoke, discharge, change and alter all and 
singular Governors, Officers and Magistrates, which by his 
said Poyal Highness, his Heirs and Assigns, shall be from 
time to time thought fit and needful to be made, ordained, 
appointed or used in the said Parts or Places, or any of them ; 
and to do all other Things needful, useful and necessar}', 
for the well governing, keeping, defending and ])reseiving 
the said resjiective Places and Territories, and of every of 
them, and all such as are and shall be inhabiting there. 
Now TUESE PRESENTS wrrNESS, that for and in Considera- 
tion of a competent Sum of lawful English Money, unto 
his said Royal Highness in Hand paid and for the belter 
extino-uishinfj all such Claims and Denuinds as his said 



16S3] OKAXT '1<^ TWKN'I'Y-I'orR l'K< )1'KIET< )K>. o9 I 

Royal Hio^line.s.s, ov liis Heirs, may any wise have of or in 
the Premisses aforesaid, now called /{(txt iVv^v/'-.A^/'wy, oi- 
any part of them, and for the fnrthei- and better settling 
and conveying, assuring and eonfirming of the same, and 
of every Part thereof, according to the Purport and true 
Meaning of these Pi-esents, his said Poyal Highness the 
said James Duke of Yo/'l; liath granted, bargained, sold, 
released and conlirmed, and by these Presents, as far as in 
him lyeth, doth grant, bargain, sell, release and confirm 
unto the said Jame^^ Earl of J\'rfJi, John Drmiiviond, 
Rohert liiii'cllij, David Ban-lii/, Holn'ii Gordon^ Artnt 
Sonmaui^, \\ill/fr//t, Roi/t, Bolx't-t Ifv-sY, Thoind)^ Rudyard, 
/SaMuel (h'oonie^ Thoii%a>< ILiti, Iilc/iard A[<'ii\ And/rose 
Rigg, John Ilayviood, Hugh HartsJiorn, Clement Plurn- 
f<tead, Tlioniax Cooper^ Govyn Lawy, Ed i card Byllynge, 
James Brahre^ WUliani Gdjmn., Thomas Barlier, Rohert 
Tu7'7ier and Thomas Warne, theii- Heirs and Assigns, all 
that Part, Share and Portion, and all those Parts, Shares 
and Portions, t>f all that entire Tract of Land, and all those 
entire Premisses so granted by his said Royal Highness, 
unto the said Joh?i Lord Berhely and Sir George Carteret, 
and their Heirs, as in and by and upon the said Partition 
was and were vested in the said Sir George Carteret and 
his Heirs and there agreed to be called by the Name of 
East New Jersey, together with all Islands, Bays Rivers, 
Waters, Forts, Mines, Minerals, Quarries, Royalties, Fran- 
chises, and Appurtenances whatsoever to the same belong- 
ing, or in any wise appertaining ; and all the Estate, Right 
Title, Interest, Reversion, Remainder, Claim and Denuind 
Avhatsoever, as well in Law as in Equity, of his said Royal 
Llighness James, Duke of Yorl\ of, in, unto or out of the 
same, or any Part or Parcel of the same : As also the free 
Use of all Bays, Rivers and "Waters, leading unto or lying 
between the said Premisses, or any of them, in the said 
Parts of East New-Jersey, for Navigation, free Trade, 
Fishing or otherwise, To have and to hold unt(j the said 
Earl of Perth, John Drunvrnond, Rohert Barclly, David 



392 m;\v .ikkskv cui.omai. imximknts. [1<)S;'> 

I^arclii/, liiibert Gordon^ Artni Sonnnnim, William Pnui, 
Robert ir^^s^, Thomas liud^/ard, Samuel (h'oomc, Thomas 
Hart, liichard Mcio, Amhmse Ri<j<j, dolni JJaijwood, 
Hugh Jlartshorii, Clement Phivistead, Thomas Cooper^ 
Gaivn Lawrij, Edward Bijlhjngc, James Braine, William 
Gibson, TJiomas Barlcr, h'olx li Turner, luid Thomas 
llary/r, tlieif IK-irs sind Atisiy-iis forever, to tin- ttiilv Use 
and Belidof of tlu'iii the said Earl of Perth, John Drum- 
mend, Robert B archly^ David B archly, Robert Gordon, 
Arent Soiimans, William Penn, Robert West, Thomas 
Rudyard, Samuel Groome, Tliomas Hart, Richard Mew, 
Ambrose Ri(j(j, John Haywood^ Hugh JIartshorne, Clement 
Plumstead, Thomas Cooper, Gaum Lawry, Edward Byl- 
lynge, James Braine, William Gibsoji, Thomas Barker, 
Robert Turner and T/tomux Wurni. Xhv'w lleii's and As- 
signs forever, vieldini;' and pax iiiu' tlieivfoi- veai-l\- lV>r the 
said whole entire Premisses nnto liis linval 11 ii;hness. his 
Heirs and Assinns. the vearly Kent of Ten >iobles ctf law- 
fnl English ]\lonev, at or in the nuddle Teni])le Jlall, J.on- 
don, i\t or npon the Feast Davof St. Michael, the Areh- 
anirel veai-Jv. And the said James, Earl of Perth, John 
Drunimond, Robert Jiarekly, David Barckly, Robert 
Gordon, Arent Sonmans, William Pcnn, Robert West, 
Thomas Rudyard, S(i)iiuel Groome, Thomas Hart, Rich- 
ard Mew, And>rose Rigg, John Haywood, Hugh Harts- 
home, Clement Plumstead, Thorn us Cooper, Gaum Lawry, 
Edward Byllyngc, James Braine, William GibsoJi, Thom- 
as Barker, Robert Turner and Thomas Warne. do for 
themselves severallv. and tor theii- several ami re>iH'etive 
Heirs, Executors, Adnnnistrators and Assigns, covenant, 
promise and agree to and with his said Roval Highness, 
his Heii's and Assigns, to pav, oi' cause to he paid, thi' said 
annual Kent of Ten ]S'ohles, on the Days and Times herein 
hel'ore limited for Payment thereol'. And tuksk i'Kksknts 
iai;riii-.u WrrNEss, that for the hetti-r enal)]ing the said 
Earl of Perth, JoJin Drunimond, Robert Barckly, David 
Jiarekly, Robert Gordon, Arent Sonmans, William Penn, 



1683] GRANT TO TWENTY-FOUR PROPRIETORS. 393 

Robert West, Thomas liudyard, Samuel Groome^ TJioinas 
Hart, Richard M&w, Ainhrose Rigg, John Hayioood, 
Hugh Hartshorn^ Clement Phimstead, Thomas Cooper^ 
Gawn Lawry, Edtoard Byllyng, James Braine, William 
Gibson, Thomas Barher, Robert TuTner and Thomas 
War7ie, tlieir Heirs and Assigns to impro^'e and 2)lant the 
said Premisses with People, and to exercise all necessary 
Government there, wlierel)y the said Premisses may be the 
better improved, and made more nseful to them, their Heirs 
and Assigns, and to the King's Majesty, His said Eoyal 
Highness hath likewise oiven and "Tanted assigned and 
transferred, and doth by these Presents give, grant, assign 
and transfer nnto the said Earl of Perth, John Drmnmond, 
Robert Barclay, Damd Barclay, Robert Gordon, Arent 
Sonmans, William Penn, Robert West, TJtoma.s Rndyard, 
Sam^tel Grooms, Thomas Hart, Richard A[ev\ Ambrose 
Rigg-i John Haywood, Hugh Hartxliorae, Clem,ent Plum- 
stead, Thomas Cooper, Gawn Lawry, Hdnvcrd Billinge, 
James Braine, William Gibson, Thomas Barh'r, Robert 
Tamer, and Thomas Warne, their Heirs and Assigns, 
Proprietors of the said Province of TJast New Jersey afore- 
said, for the Time being, all and every such and the 
same Powers, Authorities, Jurisdictions, Governments, 
and other Matters and Things whatsoever, which by the 
said respective recited Letters Patents, or either of them, 
are or were granted, or intended to be granted, to be exer- 
cised by his said Royal Highness, his Heirs, Assigns, 
Deputies, Officers, or Agents, in or upon, or in Kelatiijn 
nnto the said Premisses, hereby confirmed, or intended to 
be hereby confirmed, and every of them, in Case the same 
were now in the actual Seisen of his Royal Highness, to 
be held, enjoyed, exercised and executed by them the said 
Earl of Perth, John Drummond, Robert BarcM^y, Hacid 
BarcMy, Robert Gordon, Arent Sonm,ans, William Penn, 
Robert West, Thomas Rudyard, Samuel Groom e, Thamas 
Hart, Richard Mew, Ambrose Rigg, John Hayv:ood, Hugh 
Hartshorn, Clement Pluaistead, Thomas Cooper, Gawn 



31^4 NKw .lKl{^^F,v ('< >r.t )NrA r. noci'MKNTs. [ICtSii 

/-'///"/•//, /:'i//n//-t/ /ii///i//H/i \ .]iinns lirdiii' . WiUltiin (i')h- 
xnii, TIkhikis Ii(ii'kii\ liohi'i'l '/'iirii<r and TJnninis W(tr)if^ 

their Heirs and Assigns, Pr(»})ri('toi"s of the said Province 
of K<isi S(in-J(u:s<>/, for the Time being, as fnlly and 
amply to all intents, Constiaictioiis, and Piir])Oses, as his 
said Royal Highness, or liis Heirs, might, could oi- ought 
to hold, enjoy, use, exercise or execute tlie same hy force 
and \irtue of the said several and respective ])efore recited 
Letters Patents, or either of them, or any Thing in them, 
or either or any of them, contained or otherwise howso- 
ever. Provided always, that these Presents be entered 
with the Auditor General of his said Royal Highness with- 
in two Months next after the Date hereof. In Witness 
whereof the Parties above mentioned to these present 
Indentures, interchangeably liave set their Hands and 
Seals, the Dav and Year fii-st above M*ritten. 




^^^ 



Sealed and delivered by his Royal Highness, in the 
Presence of Ro. Werden, 

William Ckofts, 
Jonx AsiiTON. 



Miiiiihs of PinnKij} I'il n i(( J 'fci'i iiridl ('oiiiicil. 
[From " Pennaylvania Colouial Recorda," Vol. I., p. ".'">.) 

At a rouiicil held at Pliihidclphla y <;"' ..f y" 4'" Mo 
168.". 

Pum:>kni 
W*' I'k.nn. Piu|)' and (iov'' of y'' J*i'o\ incc of PcnnsiK aiiiu 

and Counties annexed. 
Ralph Wither.s, Win (Mark. Tho: Holmes 

Chr: Taylor, Win. Ilaigne, Lasse Cock 

A Debate was held Concerning Lett'" Sent from East 
Jersey to England, whereupon, Rob' Stacey was cald in, 



1683] FUNDAMENTAL CONSTITUTION. 395 

and he saith that if this Council would be pleased to make 
their Complaint, that y" people of East Jersey will make 
them all y^ Satisfaction that can possibly be given. 

Whereupon, James Harrison, Chris. Tajdor & Tho: 
Holmes, were Deputed by Gov'' Penn, to goe to East Jer- 
sey and Communicate to y'' Gov'" & Council, their Cer- 
taine passages written to England, by some of their Prov- 
ince, as Injurious to the Welfare and Prosperity of this. 

Adjourned till ye"^ 8'" day 4"' Mo., 83. 



Form of Governiuent for East Jersey.^ 

[I'rom '• Grauts and Concessions," p. 153.] 

The FondameDtal CoiyrsTiTUTioNS for the Province 
of East New Jersey in America, Anno Domini 
1683. 

Since the Right of Government, as well as Soil, is in 
the Four and Twenty Proprietors, and that the same is 
confirmed to them a new by a late Patent from James 
Duke of York, Pursuant of Patent granted to him from 
the King ; the Proprietors for the well ordering and gov- 
erning of the said Province, according to the Powers con- 
veyed to them, do grant and declare, that the Government 
thereof shall be as followeth, vi/. 

I. That altho' the Four and Twenty Proprietors have 
formerly made choice of Jtohert Barclay, Esq ; for Gov- 
ernor, during his natural Life, and to serve by a Deputy 
to be approved of by sixteen of the Proprietors, until he 
himself shall be upon the Place, which is by these Presents 
ratified and confirmed, to all Intents and Purposes: Yet 
after the Decease of the said Robert Barckly, or by lieason 
of his Malversation, the Proprietors shall find Cause to 
divest him of the Government, the Four and Twenty Pro- 

1 Agreed upon by sixteen of the twenty-four Proprietors. 



3r>r» NEW JERSEY COLONIAL DodMEXTS. [1683 

])i'ietors bliall oliouse a Governor; in order to which it 
shall lit' in the Power of each of them to name One, and 
Sixteen of tin- l-'oiiraiitj 'rwcnty hliall detennine it: AVliidi 
Governor shall he ohlii^ed to sei've and reside upon the 
Place, and shall oidy cmitinne for thive Years ; and if any 
shall dirccth' m- itidii'cct ly |ii-(>|t(MiiMl or advise the C'on- 
tiniiaiicc \'i<y any Inii^ci' 'rime, or of new to choose him 
ai;aiu, or his Son. within the three Yeai's, it shall he 
esteemed a heti-ayiiii^' ttf the puhlick JJherty of the Pi'ov- 
hice ; and the Actors shall he esteemed as puhlick Ene- 
mies ; and the said (tovernoi' that shall he so continued. 
shall hi' reputed gnilty of the same, not only hy Reason of 
his acceptance of that Contiiuiatioii. hut also hy Peason (d 
any kind of Solicitation whidi he may dii'ectly oi- indirect- 
h ha\'e endeavonred. If the (Joxcrnor so do die liefore 
the thi'ce Years he e\]iired, the I'ropi'ietors shall choose 
one to su])ply his Place, lor the Time the other should 
held it, and no longer, r rorhhil ^ that this Limitation of 
three Yi-ai-s aho\ ('mentioned, do not extend to the Deputy 
(Jovernor of h'olx/'f Ilni'i-lmi^ for seven ^ ears after the 
passing of those Constitutions, who may he for a longer 
Time than three ^'ears, if the Pro))rii'tors see meet. 

II. That for the (iovet'iiment of the Province, there 
shall lie a gi-eat ('ouncil. to consist of the Foui- and Twenty 
Propi'ietors. or their L'roxies in tlu'ir Ahscnce, and ( )nt* 
lluudicd I'oi'ty four to he chosen hy the Freemen of the 
Provinci'. J^)ut forasmuch as there are not at present so 
many Towns hnilt as there may he hereafter, nor the Pi-ov- 
ince divided int(t such Counties as it may he hereafter 
di\ided into, and that conse<iuently no certain Division 
can he made how many shall he chosen for each Town and 
County; at ]»rt'>('iit hour and Twenty shall he chosen for 
the eight Towns that are at present in heing, and Eight 
and Foi'ty for tlu' County, making together Seventy two 
and with tiic Foui- and Twenty Proprietors. Ninety six 
Persons, till such I'imes as the great Council shall see meet 
to call the ahove mentioned Numher of One Hundred 



1683] FUNDAMENTAL CONSTITUTION. 397 

Forty four, and tlien shall be determined by the great 
Council, how many shall come out of eacli Town and 
County ; but every Year they shall choose one third, and 
the fii-st chosen shall I'emain for three Years, and they 
that go <mt shall not be ca[>al)le to come in again for two 
Years after, and therefore they shall not be put in the 
Ballot in Elections for that Year : And in order to this 
Election, they shall in course meet in their several Bor- 
oughs and Counties the Six and Twentieth Day of jSlarch^ 
beginning in the Year One Thousand Six Hundred Eighty 
four, and choose their several Representatives ; M'hose iirst 
Day of meeting shall be the Twentieth of April after- 
M-ards ; and they shall sit uj)on their own Adjournments, 
if they see meet, till the Twentieth of Julij following, and 
then to be disolved till the next Yeai', uidess the Governor 
and common Council think fit to continue them longer, 
or call them in the Intervail ; but if any of those Days fall 
on the first Day of the Week, it shall be deferred until the 
next Day. 

III. The Persons (pialitied to be Freemen, that are 
capable to choose and be chosen in the great Council, 
shall be every Planter and Inhabitant dwelling and resid- 
ing within the Province, who hath ac(]uired Rights to 
and is in Possession of Fifty Acres of (Iround, and hath 
cultivated ten Acres of it ; or in Boroughs, who have a 
House and three Acres; or have a House and Land only 
hired, if he can prove he have Fifty Pounds in Stock of 
his own : And all Elections must be free and voluntary, 
but were any Bribe or indirect Means can be proved to 
have been used, both the giver and acquirer shall forfeit 
their Priviledge of electing and being elected forever: 
And for the full preventing of all indirect Means, the 
Election shall be after this Manner, the Names of all the 
Persons qualified in each County, shall l>e put in ecpial 
pieces of Parchment, and prepared by the Sherilf and his 
Clerk the Day before, and at the Day of Election shall be 
put in a Box, and Fifty shall be taken out by a Boy under 



398 NEW JERSEY COLONIAL DOCUMENTS. [1683 

Ten '^'ears of Age; these Fifty sliall Le put into the Box 
again, and tlie first Five and Twenty then taken out shall 
he those wlio shall l:)e capable to be ch«isen for that Time ; 
the otlier Five and Twenty shall by Plurality of Votes, 
name (of the aforesaid Twenty five) twelve, if there be 
three to be chosen, and eight if there be two to stand for 
it ; these nominators first solemnly declaring before the 
Sheriff, that they shall not Name an}- known to them to 
be guilty for the Time, or to have been guilty for a Year 
before, of Adultery, Whoredom, Drunkeness, or any such 
Immorality, or who is Insolvent or a Fool; and then out 
of the Twelve or Eight so nominated, tlwee or two shall be 
taken by the Ballot as abovesaid. 

IV. It shall be the Priviledge of every Member of the 
great Council, to pi'opose any Bill in Order to a Law, 
which being admitted to be debated, shall be determined 
by the Vote, wherein two Farts of three shall only con- 
clude ; but of this, twelve of the Proprietors, or their 
Pi'oxies, must be assenting, which shall also be requisite 
after the Number of P'reemen are double : Xor shall any 
Law be made or enacted to have force in the Province, 
which any ways touches upon the Goods oi- Lii)erties of 
any in it, but what thus passeth in the great Council ; and 
whoever shall levy, collect or pay any Money or Goods 
without a Law thus passed, shall be held a ptd)lick Enemy 
to the Province, and a betrayer of the ])ublick Liberty 
thereof: Also the Quorum of this great Council shall be 
half of the Proprietors, or their Proxies, and half of the 
Freemen at least ; and in Determination, the propor- 
tionable assent of both Proprietors and Freemen must 
agree, viz, two Parts of whatever Nund)er of Freemen, 
and one half of whatevei- Number of Propriett)rs are 
present. 

V. For the constant Govermneiit of the Pj'ovince there 
shall bo with the (lovernor a common Council, consisting 
of the l"'<iur and Twenty Proprietors, or tlu-ir Proxies, and 
TmcIvc o\' the l'"ret'nien. which shall be chosen l)v the 



1683] FUNDAMENTAL CONSTITUTION. 399 

Ballot out of the Freemen of the great Council, and shall 
successively go off each Year as they do; which Common 
Council will thus consist of Six and Thirty, whereof they 
shall be three Committees ; twelve for the publick Policy, 
and to look to Manners, Pxlucation and Arts ; twelve for 
Trade and Management of the publick Treasury ; and 
Twelve for Plantations and regulating of all Things, as 
well as deciding all Controversies relating to them : In 
each Committee Eight shall be of the Proprietors, or their 
Proxies, and four of the Freemen ; Each of these CJonmiit- 
tees shall meet at least once a Week, and all the Thirty six 
once in two Months, and oftner, in such Places and at such 
Times as they shall find most convenient. And if it lia,])- 
pen the JSTumber of P'reemen in the great Council to be 
doubled, there shall also be Twelve more of them be added 
to the Common Council ; in this Common Council and 
those several Committees the one half shall be a Quorum, 
as in the former Article. 

VI. All Law's shall be published and ran in the Name of 
the Governor, Proj^i'ietors and Rej^resentatives of the Free- 
men of the Province, and shall be signed by two of the 
Proprietors, two of the Freemen, the Secretary and the 
Governor, or Deputy Governor for the Time being, whft 
shall preside in all Meetings, and have two Votes, but 
shall no ways pretend to any negative Vote: But if he or 
they refuse to do his or their Duty, or be accused of Mal- 
versation, he shall be liable to the Censure of the Pro 
prietors, and if turned out, there shall be another chosen 
to fullfil his Time as is abovesaid. 

VII. Forasmuch as by the Concessions and Agree- 
ments of the former Proprietors, {to wit) the Lord Berke- 
ley and Sir Geonje Carteret, to and with all and every the 
Adventurers and all such as shall settle and plant in the 
Province in Anno 1661:, it is consented and agreed by the 
six and seven Articles, that the great Assembly' should 
have Power, by Act confii-med as there expressed, to ei'ect. 
raise and build within the said Province, or any Part 



400 Ni:W .lERSEY COLONIAL !)(>( I ^rKNTS. [1683 

thereof, such and so iiuiiiv I'urts, Castles. C'ities ami (»ther 
Places of Defence, and tlic >anic. ur miv of tiicni, to fortify 
and furnish with such Provisions and Pi-opoi'tioiis of Ordi- 
nance, powder, Shot, .\nuour and ;dl other Weajtons, 
Aniniunition ;ind Alrihncnts of AV;ii', Itoth OtTensive ami 
Defensive, as shall he thought necessary and convenient 
for tlu' Safetv and AVdlfare of the said Province; as also 
to constitute Train P>ands and C'onij)anies, with the Xum- 
])cr of tlu' Soldiers, for the Safety, Stren»i-th ami Defence 
of the aforesaid ProN ince ; to suppress all Alutinies and 
lu'ltellions ; to make War Offensive and Defensive, against 
;ill aii<l every one that shall infest the said Pro\ince. not 
only to keep the Enemy <»ut of their Limits, but also, in 
Case of necessity, the Kncmy by Sea and Land to pursue 
out of the Limits nnd durisdiction of tlie said Province. 
And that amongst the present Propriet(U's there are several 
that declare, that they have no freedom to defend them- 
selves with Arms, and others who judge it their Duty to 
defend themselves, Wives and Children, with Ai'ms; it is 
therefore agi-eed and consented to, and they the said Pro- 
prietoi-s do by these Presents agree and consent, that they 
will not in this Case force each other against their respec- 
tive dudgments ami Consciences; in oi'der whereunto it is 
Eesolved, that on the one Side, no Man that declares he 
caniu)t for Conscience sake bear Arms, whether Proprietor 
or Planter, shall be at any Time put u})on so doing in his 
own I'erson, nor yet upon sending any to serve in his stead. 
And on the other side, those who do judge it their Duty 
to bear Arms for tlu- publick Defence, shall \\-a\v their 
Liberty to do in a legal Way. In pursuance wheivof. 
there shall be a foui'th Committee ereetecl, eonsisting of 
six T^i'oprietors, or their Proxies, ami three of the Free- 
men, that are to set in the other three Committees, which 
shall be such as to understand it their Duty t(» use Arms 
for the publick Detenci' : which Committee shall provide 
for the publick Defence without and I'eace within, against 
all Knemies whatsoever ; and ^hall therefore be stiled, the 



1683] FUNDAMENTAL CONSTITUTION. 401 

Comiiiitteo for the Preservatiuii of the pnbJiek Peace: 
And that all Things may proceed in good Order, the said 
(\inunittee shall propound to the great Council what they 
judge Convenient and Necessary for the keeping the Peace 
within the said Pi-ovince, and for ])ublick Defence M'ith- 
out, bv tlie said gi'eat Council to be approved and cor- 
rected, as they, according to exigence of Atfairs, shall 
judge fit ; the Execution of which Resolutions of the great 
Council shall be committed to the Care of the said Com- 
mittee. But because through tlie Scruples of such of the 
Proprietors, or their Proxies, as have no freedom to use 
Arms, the Kesolutions of the great Council may l)e in this 
Point obstructed, it is resolved and agreed, and it is by 
these Presents resolved and agreed, that in Things of this 
Nature, the Votes of these Proprietors shall only be of 
Weight at such Time or Times as one of these two Points 
are under Deliberation, which shall not be concluded 
where Twelve of the Proi)rietors and two Thirds of the 
whole Council, as in other Cases, are not consenting, (that 
is to say) First, whether, to S2)eak after the Manner of 
JNIen, (and abstractly from a Man's Perswasion in Matters 
of Peligioni it be convenient and suitable to the present 
Condition or Capacity of the Inhabitants, to build anv 
Forts, Castles or any other Places of Defence i If yea ; 
where and in what Places (to speak as Men) they ought 
to be erected. Secondly, whether there be any present 
or future foreseen Danger, that may, (to speak as Men 
without I'espect t(» ones particular Persw'asion in Matters 
of Religion) j-equii'e the i)utting the Province into a Pos- 
ture of J)efence, or to nuike use of those Means which we 
at present have, or which, from time to time as occasion 
may recpdre, according to the Capacity of the Inhabitants, 
we may have ; which Ability and Conveniency of those 
Means of Defence, and (to speak as Men without respect 
to any Man's Judgment in Matters of Religion) the neces- 
sity of the actual Use thereof, being once resolved upon; 
all fui'tjier Deliberations about it. as the raising of Men, 



402 NKW JEKSEY (ULoXIAL !>• « IMKNTS. [1683 

ijiviiii:; oi' ('i»minissi()ns bittli by Sea and LuihI, uiukiiii; 
(Tovt'i-iinrs of Forts, mid providing MoiK'V iiecess^arv for 
inaiiitiiiiiiiii:- tlie >aiiie. shall belong only to those Members 
of the (ireat ("oiuu-il who judge themselves in Duty b<iund 
ro make I'se of Arms for the Defence of them and theirs. 
rKi'\ii)):i). that they shall not conelnde any 'i'liing hut Ity 
the Consent of at least five Parts out of six of their Xum- 
f»er ; and that none of the J*ro})rietors and other lidiabit- 
ants may be forced to contril)ute any Money for the I'se 
of Arms, to whieh for Conscience sake tliey have not free- 
dom, that which is necessary for the publick Defence, shall 
be borne by sncli as judge themselves in Duty bound to 
nse Arms. Pkovided, that the other, that for Conscience 
sake do oppose the bearing of Arms, shall on the other 
Hand bear so much in other ('harges, as may make uj» that 
I*roportion in the general Charge of the Province. And 
as the refusing to subscribe such Acts concerning tin.' I se 
and Exercise of Arms abovesaid. in the (rovernor and 
Secretary, if scrupulous in ( 'onscience s(» to do, shall not 
be esteemed in them an Omission of neglect of Duty, so 
the wanting thereof shall not make such Acts invalid, they 
being in lieu thej'e<»f. subscribed by the nuijoi- Part of the 
six J*i'o])rietors of the Coniniittfc tor the Preservation of 
the publick Peace. 

VIII. Tlie clKidsiiig the gi'eat and publick Ofticers. as 
Secretary. Registi'r, Ti'easnrer, Sur\'eyor (teneral. Marshal, 
and after heath ny turning out of those now first to be 
noniinate(l. shall be in the (bnei'Uoi' and Coinnion ('oun- 
cil ; as ■,\]>i> of all Sherifs. .hidgi's. and .lustices (tf the 
I'eace. Ihit np«)n any Mal\er>ation or Accusatiiui. they 
shall be liable ti> the Examination and ( 'ensnre of tlu' great 
('ouncil, and if condemuM by them, the (bi\ernur and 
Common ('i>uncil must Name other> in their Places. 

IX. J'ko\ ii>i:i), That all iHiroiighs shall ciioo.-^e tlu-ii' 
own Magistrates, and the Hundreds in the ("ounly, their 
Constables or under OlUcers, in such Manner as shall be 
agi-eed to by the gn-at Council, 



16S3] FUNDAMENTAL CONSTITUTION. 403 

X. Forasmuch as by the Patent, the Power of pardon- 
ing in capital Offences, is vested in the Four and Twenty 
Proprietors ; it is hereby decLared, that the said Power of 
pardoning shall never be made Use of but by the Consent 
of Eighteen of the Proprietors, or their Proxies : JN^ever- 
theless, it sliall be in the Power of the Governor, in Con- 
junction with four Proprietors, who for the Time are 
Judges of the Court of Appeals, to repreive any Person 
after the Day of Execution appointed, for some time, not 
exceeding a Month. 

XI. The four and Twenty Proprietors, in their Ab- 
sence may Vote in the Great and Common Council by 
their Proxies ; One Proprietor may be Proxy for another, 
yet so as not but for one, so that none can have above two 
Votes : The Proxies of the Proprietors must be sucli as has 
Shares in Properties not under a Twentieth Part. 

XII. That whoever has any Place of publick Trust in 
another Province, tho' a Proprietor, shall not sit in the 
great or common Council, but by their Proxies, unless 
therer.nto particularly called by the one or other Council. 

XIII. Whatever Proprietor doth not retain at least one 
fourth Part of his Propriety, I'ls. one Ninety sixth Part 
of tlie Country, shall loose the Right of Government, and 
it shall pass to him who has the greatest Share of that 
Propriety, exceeding the above mentioned Proportion : 
l^>iit if two or three has each one Xinety sixth Part, they 
shall have it successively Year about, like as when a Pro- 
priety is in two Hands, he who is upon the Phice, if the 
otlier be absent, sick or under Age, shall still have it ; but 
if both there, then by Turns as abovesaid ; and if in a pro- 
vided Propriety all be absent, the Proxies must be consti- 
tuted by both ; if but two or the greater Xumber if there 
be more. And if any wlio sells a Part of his Propriety, 
and retains one Xinety sixth Part and the Title of the 
Government Portion be absent, whoever has Shares for 
him, not under one Xinety sixth Part, being present, shall 
set for him, whetlier having a Proxy or not ; and if there 



4<l4 NKW .IKKSKV rtH,(iMAI, 1»0< TMENTS. [1683 

lie iiioi-c than one. it shall u-o hv Turns as altvi\o. J>ut 
Iti'Ciiust' after sunietinie by Di\isi(in anioiii;' ('hildrL'n, it 
niav ]iai>|)en tliat some one Twenty fourth Part may i)e so 
• jivided, that nut any one may have one fonrth Part of a 
I'rojM'iety, or one Ninety sixth Part of the wholi-, in that 
Case the Proprietors shall elect one havinu' nqt under one 
Ninety sixth Part, to bear the Character of the Govern- 
ment for that Propriety ; Hut it' the County shall fall to he 
so divided, that tliere shall not be ibu:ul four and 'I'wenty 
Persons who liave one Ninety sixth Part each ; then who- 
ever has Five Thousand Aeres, shall be ca])able to be 
chosen to be one of the four and Twenty, and that by the 
rest of the Pi-oprietoi-s. by the iJallot, each lia'.ino- privi- 
ledge to list one; but tlii^ not to take Place till Fortv 
Years after the settlini;' of rliest- Constitutions: And if 
Tvventv Years after the Expiration of the I'orty \ cai's 
above nuMitioned, it shall fall our that four and Twenty 
Persons cannot be found wiio ha\i' each l-'ive Thousand 
Acres.it shall be then in the Power of the great Council 
to make a less Xund)er of Aeres sutficient to carry tlie 
Character of the Go\ ei'nnu'iit. [iro\ ided the}' bring it not 
under tliree Thousand x\cres (the Proi)rietors being always 
Electors as abovesaid) Xo Proprietor under One and 
Twenty Y'"ears shall be admitted to \'ote, but during Non- 
age there shall be a Proxy appointed by tlie Tutoi-. and 
failing that. l)y the other Pro})rietors. 

XIY. In all Ci\il and Ordinary Actions, the Projirie- 
tors shall be judged after the same manner, and lyable to 
the same censure with any other; but in all cases that are 
Capital, oi- may inferr for Forfeiture of their Trust or 
l*ro})iMetorshii>. they shall 1)6 adjudged by a.Iury of Twelve 
(»f the J^i-oprietors, or their Proxies, or such as has Share 
in a Proi)riety not uiuler one Twentietii J'art ; tlie i'ill 
being first f(»uiid relievant against them by a Grand durv 
of Twelve Proj)rietors and Twtdve tree Men to be chosen 
l»v the r>allot. as in Article nineteen. 

X\. I'or presei'ving a riulit ballance. no Pro|>i'ietor 



1()S;>] FUNDAMEXTAL OONSTITUTIOX. -KX") 

sliall at any Time require or j^nrchase more than liis one 
Four and Twentieth Part of tlie Country; but if by any 
accident, moi'e foil into the Hands of any of the Proprie- 
tors, he may be allowed to disjiose of it to his Children, 
tho' under Age, 3^et not so as to acquire to himself more 
than one Yote besides his own : but if such an accjuii-cr 
have no Children he shall be obliged to sell it within one 
Year after he has acquired it, nor shall he evade this by 
])utting in anothers Name in Trust for him ; but shall uj)oii 
his Assignment solemnly declare himself to be realy and 
eifectually divested of it for the proper use of him it is 
assign'd to : And if within three Years he find not a Mer- 
chant, he shall be obliged to dispose of it at the Current 
Rate to the rest of the Proprietors, to be holden in com- 
mon by them, who shall appoint one to bear that Charac- 
ter in the Government, untill such a Share of it fall in one 
Hand, by a former Article may render liim capable, by the 
consent of two Parts of tlie other Proprietors, to have the 
Power devolved in him ; and if by this or any other Acci- 
dent one or more Azotes be wanting in the Intereni, the 
Proprietors shall name others (juallitied as above to supply 
their Places. 

XYT. All Persons lix'ing in the Province who confess 
and acknowledge the one Almighty and Eternal (lod, and 
holds themselves obliged in Conscience to live peaceably 
and quietly in a civil Society, shall in no way be molested 
oi- prejudged for their Religious Perswasions and Exercise 
in matters of Faith and Worshi]) ; nor shall they be com- 
pelled to frequent and maintain any Religious Worship, 
Place or Ministry whatsoever : Yet it is also hereby pro- 
vided, that no Man shall be admitted a Member of the 
Great or Common Council, or any other Place of publick 
Trust, who shall not profess Faith in Chrlsf-Jc-'oi.^, and 
solemnly declare that he doth no ways hold himself obliged 
in Conscience to endeavour alteration in the Government, 
or seeks the turning out of any in it or their ruin or preju- 
dice, either in Person (»r Estate, because they are in his 



4(»n NKW .n:i{si:Y coi.onim. i >< » i m knts. [IGbo 

()|»iiii()n IliToticks, or differ in rlicir .Induiiient iVoin liiin : 
^'or Ity tin's Article is it intoiidcil. that aiiv uikUm- the 
Notion of this l.ilti'rty sliall allow thi'insclvos to avow 
Atheism, Ii'r('liii:i(»iisiiL's>. or to pi'actice Cursin«:'. Swcar- 
ini;, Driinkeness, Pi-ophancss, Whoriiii;', Adultery. ]\Iur- 
derin^' oi- any hind of \ioleneo, or iiuhiluinu' themselves 
in Sta^-e J'lays, jNfasks, Uevells or sueh like ahuses ; for 
restraining such and preserving of the J*eo])le in Deli- 
i>'ence and in o-ood Order, the gi-eat (Jouncil is to make 
more pai'ticular Laws, which are punctually to he |)ut in 
P^xecution. 

XVll. To the end that all Otlicers cIk. en to serve 
within tlie Pi-oAince, may with the more Care and deli- 
o-enee Answer the Trust re]ii»(Ml in them : it is aijreed, 
that no such Person shall enjoy nioi'e than one ])ul)licl< 
Office at one Tinu> : Uut least at iii-st hefore the ( "ouiitry 
he well Planted, there miu'ht he in this some Incon- 
veniency, it is declared, that this shall not necessarily take 
Plaee till aftei- the Year HiS;'). 

XMIl. All Chart, Picrhts, Crants and Conveyances of 
J.and (except Leases for three Years and undei') and all 
Bonds, Wills, and Letters of Administration and Special- 
ties above F'fiiJ J^omitls, and not nnder six JVfonths, siiall 
l)e Pe<;-istred in a puhlick Pegister in each County, else be 
void in Law : Also there is to be a Register in each County 
foi- Pirths, Marriages, Burials and Servants, where their 
Names. 'J'inies, "Wages and Days of Payment shall be 
Registred ; but the Method and Order of settling those 
Pegisters is recommended to the great Council ; as also the 
Fees which are to be moderate and certain, that the taking 
of more in any Oflice, directly or indirectly by himself or 
any other, shall forfeit his Olhce. 

XIX. That no i'crson or Peivon.s within the said J^rov- 
ince shall be taken and im))i-isoned, or l)e devised of his 
Fi-echold, free Custoni or Liherly. or he outlawed or exiled, 
or anv other AVay destroyed : iior shall they be condemu'd 
or Judgment i)ass'd upon them, but by lawful Judgment 



1688] J-rM»AMKNl At, CoXs'l'lTU'llON". 4<>7 

of tlieir J^eers : Neither sliall Justice noi- Right be bought 
or sold, deferred or delayed, to any Person wliatsoever : 
In order to wliieli by tlie Laws ot the Land, all Tryals 
shall be by twelve ]\len. and as near as it may be. Peers 
and E(|uals, and of tlie Xeighbonrliood. and Men withont 
jnst Exception. In Cases of Life there shall be at iirst 
Twenty fonr returned by tbe Sheriff for a Grand Lujuest, 
of whom twelve at least shall be to find the Complaint to 
be true ; and then the Twelve Men or Peers to be likewise 
retui-ned, sliall have the final Judgment ; but reasonable 
Challanges shall be always admitted against the Twelve 
Men, or any of them : Ijut the Manner of returning Juries 
shall be thus, the Names of all the Freemen above live and 
Twenty Years of Age, within the District or Boroughs out 
of which the Jury is to be returned, shall be written on 
equal Pieces of Parchment and put into a l^ox, and then 
the Number of the Jury sliall be drawn out l>y a Child 
under Ten Years of Age. And in all Courts Persons of 
all r^erswasions may freely appear in their own Way, and 
according to their own Manner, and there jiersonally plead 
their own Causes themselves, or if unaljle. by their Friends, 
no Person being allowed to take Money for pleading or 
advice in such Cases : And the first Process shall be the 
Exhibition of the Complaint in Court fourteen Days be- 
fore the Tryal, and the Party complained against may be 
fitted for the same, he or she shall be summoned ten Days 
before, and a Copy of the Complaint delivered at their 
dwelling House : l')Ut before the Complaint of an}- Person 
be received, he shall solemnly declareMn Court, that he 
l)elieves in his Conscience his Cause is just. Moreover, 
every INfan shall bi' first cited before the Court foi- the 
Place where he dwells, nor shall the Cause be brought 
before any other Court Init by way of Ai)peal from Sen- 
tence of the first Court, for receiving of M'liich Appeals, 
there shall be a Court consisting of eight Persons, and the 
(jrovernor (protempore) President thereof, {to irif) four 
Proprietors and four Freemen, to be chosen out of the 



4nh SKW .IKKsKV ((iI-dMAI. Ixii IMKMs. [108^') 

i^reat Council in the followiiii;- Manner, /v'r. the Names of 
Sixteen of tlie Pro])rietors sliall lie written on small })ieces 
of Parchment and put into a Box. out of wliidi by a Kad 
niidei* Ten Years of Aiiv, shall he drawn eiiiht of them, 
the eiglit remainini:; in the l»o\ sliall choose four; and in 
like Manner shall he d(»ne for the choosinii' of four of the 
Freemen. 

XX. That all Mai-i'iages not forl)i(hlen in the Law of 
(Tod, shall he esteejned lawful, wheri' the Parents or 
(Tuardians beini>- first acquainted, the ^lan-iaijje is ])ul>lick- 
ly intimated in such Places and l\raniu'r as is ai^reeable 
to Mens different Perswasions in PeliiiioJi, being after- 
wards still solemni/cd before criMlitable Witnesses, by tak- 
ing one anotlxM' a^ Ilnsliand and Wife, and a certificate 
of the whole, niider tlie rai'tie> and Witnesses Hands, 
l)eing brought to the proper Register foi- t hat 1''im1. iiikNt 
a Pt'ualty if neglected. 

XXI. That all AVitnesses coming or called to te.-^tify 
theii- Knowledge in oi- to any Alattei- oi- Thing in any 
('ourt or before any lawful Authority within the Prov- 
inci'. shall there give and deli\er in thciir Kvidence by 
solemnly |tr(»missing to speak the Truth, the whole Truth 
and nothing but the Truth, to the Matter in (Question. 
And in Case any Perscui so doing shall be afterwards con- 
\'ict of ^villfn^ Falsehood. l)otli such Persons as also those 
who have ])roved to ha\e snboi'u, shall undei'go the 
hajnageand Punishment both in ('riminal and in C'ixil ; 
the Person against whom they did or should lia\e incurred, 
which if it ]"each not his i^ife, lie shall be pul)lickly 
exposed as a false Witness, ne\er afterwards to be ci-ed- 
ited befoi'e any Court ; the like Punishment in Cases of 
Forgery, and both Criminals to be stigmati/e(]. 

XXII. F(Uii'teen deal's (|uiet Possession shall give an 
uni[uestionabIe Pight, exce])t in Cases of Infants, Luna- 
ticks or maiiMt'd \\'omen, or Persons beyond Sea or in 
Prison. .\nd whoever forfeits his Kstate to the Govei'n- 
ment by eonnnitting Ti'easoii against the Crown of J:L)i(/- 



lf)83] FUXDAMENTAI. CONSTnUTIOX, 40!> 

lain], or ill this Province, or by any other capital ('rime, 
the nearest of Kin may redeem it witliin two Months after 
the Criminals Death, by paying- to the pnbliek Treasury 
not above one Unndred Pounds, and not under five 
Pounds Sterling, which Proportion the common (•ouncil 
shall determine, according to the A'alue of the (h'iminals 
Estate, and to the Nature of the Offence; Peparation t<» 
any who have suffered by him, and Payment of ull just 
Debts being alwa3's allowed. 

XXIII. For avoiding innumerable IMultitude of Stat- 
utes, no Act to be made by the great Council shall.be in 
Force above Fifty Years after it is enacted ; but as it is 
then (le novo coniirmed, allways excepting these four and 
twenty Fundamental Articles, which, as the primiti^■e 
(Jharter, is forever to remain in force, not to be repealed 
at any Time by the great Council, tho' two Parts of the 
Council should agree to it, unless two and Twenty of the 
four and Twenty Proprietors do expressly also agi-ee, and 
Sixty six of Seventy two Freemen ; and when they are 
one Hundred Forty four, one Hundred Thirty two of 
them ; and also this assent of the Proprietors must be 
either by their being present in their own Persons, or 
giving actually their Votes under their Hands and Seals 
(if elsewhere) and not by Proxies; which solemn and 
express assent must also be had in the opening of Mines 
of (rold and Silver ; and if such be opened, one third Part 
of the Profit is to go to the publick Treasury ; one third to 
1)0 divided among the four and Twenty Proprietors, and 
one third to Proprietor or Planter in whose (Iround it is ; 
the Charges by each proportionably borne. 

XXIV. It is finally agreed, that both the Governor 
and the Members of the great and common Council, the 
great Officers, Judges, Sheriffs and Justices of the Peace, 
and all other Persons of publick Trust, shall before they 
enter actually upon the Exercise of any of the Employs in 
the Province, solemnly ])romise and subsci'ibe to be ti'ue 
and faithful to the King of KiKjhduL his Heirs and Sue- 



+ 1" M;U .1KKS1';Y (oLoNIaI. Dm i mk.nts. [U>m8 

ci'ssors, ami to tlic P)M|trii-tiH'.-, ami lir shall wi-ll mikI faitli- 
t'lillv discharge his Office in all Things accordiiii;- to his 
('oniiiiissioM. as hy these l-'umlaiiu'iital Constitutions is 
(•ontirnu'(l. thi' tiiii' Rinht of Liiierty and l*n»perty. as 
well as the jii>t 15allance hotli of the Pi'oj)rietoi's anioni;- 
themselves, and betwixt them and the J'eople : It's there- 
foiv understood, that here is in(du<led whatever is neces- 
sai-y to he retained in the lirst Concessions, so that lu'iice- 
forward there is nothing fnrther to be proceeded njxni fi-oiu 
them, that which relates to the securing of every Man's I, and 
taken nj) ii})on them, being allways excepted. Ami I'm- 
r'lihi/ also, that all judicial and legal J Proceedings heretofore 
done according to them, be held, approved and confirmed. 

I h'li 1,1 innnil . Iloh, li llnniit. Iltir. (i'i}>-st}n. h'()}>irf 
(ii>ril(>ii. diiii'n I.inrrij. J\'iih. WiUiiini ( i ih.soii . II iH'miii 
J)iu-lii'V(i. Thoimix Ihiri. TJuhhhx liarh /• and as l*ro\y 
iov Aiiihroxr Jii(/(j.^. CleiiKiif l*Jiiiiisir(i(/,VYCt\\ iov Ihn- 
<'l'iij- Ar. ■'^nii iixiii-'^. Itolurf JUriii/- and I /iuhkis Conptr. 



JS^oif. — Jt appears on Reading the foi'egoing Iiisti inm-nt, 

that in sundry Places the Sense is not compleat, 

but it is likely to be occasioned bv ( )missious and 

neglects in IJeconh'ng, and therefore if the < )i'iginal 

can lie come at, it will be pi'opei- to re-e\an)ine the 

foregoing Co])y therewith. 

I,'(il><rt liitrchnfs Commission In Ix- (ioNcrnor is not 

upon Kccord, but his Commission for that Office during 

liife, is recite<l at length in his Commission to (nnr,, Jjiw- 

I'ir to be his J)e])uty, aiui which is copyed. 

lie had no doubt a teniporai'v Commission before the 
Proprietors gave him that during lafe, because he aj)- 
pointed TIkhiuih llndydrd his Di'j^uty (tovcimioi- before 
the Date of the last mentioiu'd, and he continued till 
Liiwi'ic superseded him. but as his Commission is very 
short and L(iiiir}<\'< more full, besides the Recital of Jjitr- 
'•(((ys, it is thought sufficient to Copy that and that only, 
because there seems nothing material to be taken notice of 
in the succcediuir Commissions. 



168?>] 1 risDAMENIAL t'OXSTITUTloN. 411 

See a few Paffes further, a Declaration wluit the Plant- 
ers settled before the present Proprietors bouglit the Prov- 
ince, are to do before they are to liave the Benefit of the 
foregoing Constitntions. 



LetUr of the Propr'tetors of East Jer-sei/ to th> I*hiidn-x. 

(From " Grants and Concessions," p. 1(!7J 

To the Planters aiul Inliabitants of the ProNiiice 
of East Jersey in America, Egbert Bae(u.ay, 
Governor and Pn^prietor, and the other Pro- 
prietors of tlie said Pro^•ince, send Gi'eeting. 

Since it liath pleased Ahnighty God to order it so by 
his Providence, as to give ns the Interest we hare in this 
Province whereupon you reside. We desire nothing more 
then to approve onrselves in this Station as you may find 
yourselves happy in this our Purchase : And we do not 
only hold ourselves obliged by the Laws of God, and just 
Laws of Men, but our own Interest, to use all lawful auil 
honest Means to make that Plantation Prosperous, which 
as it cannot be without your sharing in the Ad\-antage of 
it, so the Satisfaction and Benefit we propose to ourselves 
is by the good Success of your Aifairs, which we are 
resolved to advance, knowing that your Interest is now so 
bound up with ours, that we cannot suffer if you Prosper, 
nor Prosper where you are injured, Therefore have we 
sent over to you two of our Number, honest and prudent 
Men, by whose good Advice and Assistance we hope the 
Plantation will be benefited, and in a great Measure set- 
tled. We have given them Instructions, and we are con- 
fident of their Keadiness thei-ein to shew themselves not 
only just, but kind and friendly towards you, to confirm 
the Rights of such as are there planted upon the Conces- 
sions already granted, and supply the defects where any 
want a sutficient Right upon equal and easy Terms ; and 
so do every Thing else that towards the good Government 
and Advantage of the Colony may be needful : They can 



41-2 



XK\V JKUSKV ('Dr.iiMAI. Ii(i( IMENT? 



[\C>^' 



:i('([ii;iiiit V'Mi, tliat tliciv aiv coiiecrird with us \\]\<> ;uv 
\ cry capalilc in inaiiy rcspt'cts, both to advance our in>t 
Jiitcivst aiul pi'otcct lis fVuiu those tliat may attom])t to 
liiirt lis. And MeM'ill he very ^^\nd to hear tliat all Thing's 
procei'd with a i:;ood TIannony. so tliat we may liave only 
Oceasidii to use our Intui'cst and Autlit»ritv to encoiirai^e 
yon. and shall he wrll satisfied tluMV be no need of that 
which must fake Place foi- siip])ressin>j: the stubborn and 
obstiiuite ; Itut wc will liopc to find none such anioiiij yon ; 
lint that the dnstice and Generosity of our Intentions will 
oblio-e all to a careful compliance M'ith onr just and tViendly 
Demands; so committing;' yow all to the Protection of 
A lniiulit\' (iod. we reiii;iiii \niir I'cal l-i'iends. 




rrm^ 








> 




MeyrO^A --Crf^.c>:-^<^<=^^ 






TmoM A^ \\'ll.< iiX. 



Slff^i^ 



->ufi^ 




1683] 



FENWICKE S GKANT?; IX WEST JERSEY. 



413 



Ldtt'i- from Jainrs jS\'v!U fo Governor J\rin. 

[From '■ Penusyivauia Archives," \'ol. I.. j>. oti.J 

Gov" Penn : 

I liave licrew^'^ sent thee an ace*^ of the Lands sold and 
taken vp in these ptes ; I desire tliee to take tlie towne of 
Salem into thy lott ; John tfenu'iek has no aeknowledgeni^ 
(hie to him from any one in this towne ; and if he should 
keepe his Court Leete and (\»urt Barron here, it would 
much weaken o'' Authority, and p"^'^ would he made, Some 
for Jo" tfenwick's Court, others 3''' Com'**, most out of ord'' ; 
1 foresee the inconveniency that will attend this if J. ft", 
comes to Exercise Jurisdiction here ; I hope the JXeck of 
land between Oklmans-Creeke it iSalem, is in thy i-emem- 
branee, and wilbe brought into thy lymitts. other\rise both 
Towne and Country wilbe of little value ; I cannot but be 
concei'iied for the people here, who earnestly desires to be 
vnder thy protection, being confidently pswaded thou wilt 
imploy thy })ow'' for their good, and nuike it thy worke to 
])cure their Safety. [ -^ ] at w'^^'' time thy p'sence would 
be very acceptable to thy Eeall and aft'ectionate Friend 

Salem, ye 23d 3 mo 1683 James Nevill 

For Gov*' Wm. Penn, These, with care cS:: speed. 

Lands Sold, (tc by John ffeuwiclv Since his Convey- 
ance made to Jon. Edridoe cVr Edniond AVarner '** 



Cohamey. 


AciiK.S 


To Sanii Hedges 


l>.00() 


liich'' (ruy 


. 1.000 


Thomas Smitli . 


().2r>0- 


Eich'l Lippincott . 


. 1.000 


W"' Shaddock . 


0.i>.-)0 


W'" Waythniau 


. ().2T>0 


James Peiice 


0.250 


W" Worth . 


. 0. 250 


Geo. Morton 


0.500 


Wi" Johnson . 


. 0.250- 


lien. Bourdeu 


0.800 


to another 


. 1.000 


Bout-totnic. 




Mathias Nelleson, &c 


. 1.000 



Christany-neck. 


AcHKS 


Andrew Sinicka, ttc. 


. O.OOO 


Finnspoiutc. 




Erigge Yearins, <tc. 


1.000 


Maneteii. 




Tho. Watson 


0.200 


Marke Reeve 


. 0.400 


Edw'i Web . 


."00 


Kich'i Tindall 


. (».20O 


Isaac Biirges 


o.;)0() 




12.100 


Andrew Andras &c 


. 00.400 


Total is 


12.500 



1 Part of a line or two here defaced. Ei>. 

2 I'resHiued to liavo been transmitted in the ])i(^cedinii letter, of March 3, l<i;:^-^-:i. Ei> 



414 NEW JERSEY COLONIAL DOCtMENTS. [1683 

I Mill iiiti>niK'<l of iiioii- layd out I»v lii.> 8ur\t'v'' w*^*' is 
not (,\'rt;iiiilv Known to tiiv atTcctionat friend 

. I AMES MkVII.I, 

I/iiids Sold l)\ Joii Fell wick ill Eui^-laiul, and taken 
up as folio weth, (viz.) 



Gohanzey tfc Alloinays Creeke 


<)lihn a na- Creeke 






ACKF.8 




Aches 


John Adams, . 


2,000 


Roger Pederick 


111,000 


Joshua Berksteiul, 


r),0()0 






Itichard Noble, 


L',000 


Sold and taken vp since 


W'li Hewes, 


. O..",00 


his Arrivall 




John Haddocks, 


1,000 


Cohamey 




Tho. Anderson, . 


1,000 


Thomas Smith 


01,000 


Edmund Gibbon 


<;,ooo 


James Peirce & W"" Waith- 




Henry Salter, 


. 10,000 


man .... 


00, .-,00 


Edw'' Bradway 


<)•_', 000 


W" Worth &i Ja. Peirce . 


00, .-,00 


Edw'i Wade ' . 


. 01,000 


\V'" Johnson A- Thu. Smith 


00, .-.00 


llobt Wade . 


on.r.oo 






W"| Haufock 


, 01,00(1 


Scdein- (Jreeke 




Xopher White 


01,(1(10 


One Bowyer . 


01,000 


W'" Malsten 


. (»."), 000 


to seaverall ffiuns 


00,000 


Tho Chaunders 


o:..r)00 


Finnspninte . 


01,000 


James Wasse 


. or., 000 


liouyht-toirni 


01,000 


Charles Bayley 


00, .-.00 


Saml Hedge . 


(rj,0()0 


Widdow Smith 


. oo,r.oo 


John ffeuwick in his own 




W"' Penton . 


oo.r.oo 










possession 


l(t,000 


John Smith 


. 01', 000 


Tho. Watson . 


OO.l'OO 


Rich*' Haucoc'k 


0(J,500 


Marks lieeve 


00,100 


Hoger Ilieekins . 


. no, -.00 


Bieh^i Tindall 


00,210 


I'aIw'' Ohampneys . 


OL',000 


Edw" Web . 


00,200 


Sam' Nicolst)n 


. oo,.-)00 


Widow Di^iniell 


00. .-.oo 


l'iti-kii-(jii-iuiirh- 




Anthouj' Dixon .V Isaac 




Ilyppolite Lefeaver 


o;;,(Hio 


Purges 


(io,:!oo 


Ji>hii Pledger 


. o;5,ooo 


Rich'l Guy 


01,f<00 


Sail m-t'ri thy 




22,810 


Sarah Pyle 


10,000 


brought from ye t.ther side 


7;5,ooo 


3lichael JJarrou . 
Tho. Budde 


01,000 
00,500 






Total is , 


J}.-., 810 1 



1 'riii.s total, in the •' I'ciiDMylvaiiia Archives." from wliirli tlii.s is r(i|.ie<1, is given 
iisss.lDO, wliii'li evidently is not tho result <.f tin- a>l<liti<.n. Probably in the ori-riniil 
the names in the previom- ilucumcnt, whieli are lieie repealed, were not inebided : 
and the slims opposite some of these- names do not correspond. Em. 



1683] penn's commissioners' authority. 415 

I am informed he sold 148,000 acres in England, and 
showed a schedule thereof to Thomas Woodroofe, the la.st 
yeare, Acknowledii'eino' tlie same to be true. 



CominissUm froiib William Penn, Governor of Penn- 
syl-vanla, to Commissioners, to Treat vuth West 
Jersey.^ 

[From " Peuusylvauia Archives," Vol. I., p. 5S.J 

Wm. Penn, Proprietary and Goveruor of ye Prov- 
ince of Pensilvania, and ye Territories there- 
unto belonging. 

To his trusty friends and Counsellors, (-hkistoimikk Tay- 
lor, James Harrison, Thomas Holmes, Thomas 
WiNNE, Greeting. 

Reposing special Confidence in y'" Wisdom and In- 
tegrity, I do hereby aj)point and impower you my com- 
mission'"** in my name as GoA'ernor & Proprietary of this 
Province and Territories annexed, to treat, transact and 
conclude with y*^" Governor and Counsell of West Jearsey 
concerning the satisfaction I have demanded in a Letter 
to y'' s'^ Governor and Counsell for certain great Wrongs 
and Injustice done unto me and this Province by some of 
y'^ Inhabitants of their Colony. As also to settle a I'iglit 
understanding between me and y"' about the Trade and 
the Islands therein and w*soever you shall do herein, I do 
hereby ratifie and confirm and this shall be to you a 
sufficient credential. Given at Philadelphia y'' 11 day of 
yC j.tii ]\^£^j_ jjj j,e 35 ygj^j. ^^f yC lieign of y" King, and y" 

Third of my Government. W. P. 



1 It will be observed, in ret'cii'iice to the .Minutes ol' the J'enii.sylvaiiia I'loviiicial 
Congress, under lUite of. rmie Gtli, 1()8J, that the Govei'nor wjis authorized to appoint 
Commissioners to East .fersey. It is presumed that, as similar causes of complainl 
existed against both I'rovinees, he sent bis Commissioners also to West Jer.sey. Eu. 



41<^> XKW .ikks?:y cor.oNrAr. DotrMKNTs. [1683 

lii^t iiK-t inns to tlic ('oiiiin'Mo W .IrMiscx. 1()S.'{. 

I ii>rni<-ti<>iis and liiiiitarioii^ to niv ('"iiiiiii^sioners, ( '. T.. 
.1. II., T. II., T. W., ill yi- 'j)re.sLMit Tivatv w'" tiir 
(ioviTimit and ('oini.stdl of Wc.-it .Icarsev, in tlu'ir 
Coinniissioii, Datctl the same Day \v*''tlK' Dati- hereof. 

1. .'<() soon as you sliall arri\e at lUirlington, take care 
to make known to y"' (iovern'' and (/oniieell, y' you ai'e 
>ent in my nanu' to treat w"' y''"' al)ont sonu* Pi'ovincia! 
Ihisini'ss. and therefore desire a time y' yon may hv heard. 

2. AN'iicn yon ai)})ear, one of yon i;i\e my letf into y'" 
(-iovern'"' liand, aft y' is read proilnee your Commission or 
(/redential. 

'■■>. Heijin w"' y" General Pro^f of y^' Geni'ral part of 
y'' Charge observing to read dames Chiyjxxik ^V my wife's 
letters List. AVhen this is done, ask their opinion, whether 
they look upon y*^ General Charges to be ])roved, or deny 
these testimonies. 

4. If they allow y'' (ieneral Charges to be proved by 
v'' Anthoi'ity of these- Testimonies, proceed to charge Tho. 
Mathews by name ami pi'oduce y" Lett'' to d'"'. G(»odson 
or any othci- you shall have, expressly charging him in 
tills mattei* w"" that is done and, .">. y*^ |)roof allowed 
demand Satisfaction first in (nmeral by a certificate umler 
their hands to give tlie lye to such rumoi's, w"' a Prochnna- 
ti(ni in y*-' Colony disowning s\ich things and foi-bidding 
;!ny sncli scandalous Ivetiections for y'" time to come. And 
secondly satisfaction in particular ag**.' Tho. ^fatthews eitht'i- 
by a gi'eat tine as i:5iH» sterling or publick Paper affixed 
to y*^ Court house t)f Ibirlington, de(daring his evil and Jbr 
y'' same banishing liim six months out of this colony and 
making him tbrevei" incaj)able of any Otiice in it or accord- 
ing to y'' Civil Law to deliver him uj) to l)e tryed in this 
l*ro\incc. according to y' Laws thereof; in all w''' you are 
to take notiei' y' 1 d(tnot allow you to de.-.iate in any ]»oint, 
save j'anishment : ♦'». And if mnu' lA' all these J'unish- 
ments aiv bv \"' agi'ced to, nor nothin2; tending- to ve sanu'. 



lf>88] INSTKUCTIONS TO PENN'S COMMISSIONERS. 417 

I do hereby order jou to make y'" Protest apj**'' ye s'' Gov- 
ern'" and Gonncell, and tlieir Refusal!, and so w^*^ a meek 
and qniet. yet 2;ravc behaviour, to return. 

T. Lastly, whatever is assented to or denyed be sure to 
take down in writing, y' you may be able to give me an 
exact acc*^ of ye minutes of y"" audience and Conference in 
all w''^ God Almighty direct you first in Truths way as 
Christians and Bretheren, and if th' will not do secondly 
as faithful Councellors to me and Patriots to the Province. 
Given at Philadelphia the llth day of ye 4tlr°., 1683, 
being the 35th year of the Reign of ye King and ye 3d 
year of my Governient. 

And after all this is ended insist upon my Title to ye 
River, Soyl and Islands thereof according to Grant, and if 
they will deliver up peaceably ye Island of Matinicum and 
Sepassing, return one-half of ye Island Matinicum before 
ve Town according to my former cleinencey, believing ye 
Generality hath done me no wrong, and therefore am 
unwilling to withdraw my kindness to the General Good, 
for ye other admit no manner of Parley, demand posi- 
tively, and if they refuse, let w"" follows lye at their dooi*. 
Whatever bee ye Argument, they are bounded Westward 
by the River Delaware, y" they cannot go beyond low 
water mark for land. They have ye Liberty of ye River, 
V)ut not ye Propriety. The rest 1 leave tn y" own under- 
standiuo's to sno'Cfest. 



Wm. Pi;x.\ to tlio (lONeruor and (\)UiU'il of West 

Jersey 

To my much respected friend ye GoveriKir. and to my 
well respected friends ye Counsel! of AVest Jcarsey. 

In ye unfeigned Love of God I greet you, wishing ye 
Increase of all L[eavenly and Earthly Blessings av'' y" God 
of Love and Peace hath promised to liis chosen. It is witli 



418 NEW JERSKY COLONIAL DOCUMENTS. [1683 

some sorrow y' I have tliis occasion of writing to yoii w'^ 
whom I could alwaise desire to have a most loving an<l 
iiitirc correspondence, aiwl will ho})e it shall not he in yv 
Tower cither of ye Indiscretion or Injustice of some to 
lessen my good est(?em for ye (lenerality. But so it is, 
y'' I have sustained and w'''' me all interested in the Pros- 
perity of this Province, great, and as I conceive irre{)ara 
ble injuries by some membei's of your Colony. England 
is filled w*^'' a noise of Warrs in Pensilvania, between ye 
Irdiabitants thereof and ye Lord I^altimore and his Prov- 
ince ; y*" some were killed, and y' y'' Lord Baltimore 
claimed all ye land from Upland t(j ye falls of Delaware, 
so y''^ w' rested to me was very inconsiderable, because I 
had no ])lace where ship or ])oat could come. Of this ye 
C'iiainge, (.oifee Houses, Bookseller's Shops and Country 
rings, tliei'eby discouraging hundi-cds ready to i)urchase, 
and to come, and [►ntvoking others vMiave purchased and 
not paid to tling u}> their deeds, all w*'' most false and 
injurious Reports arc Hung u|)on some of ye inhabitants 
of West dearsey, a wrong and cruelty of true transcending 
w'" vet I have met \v"'in ye World \'vo\n ye worst of men, 
luit tli"^ which aggravates the troul>les as well as evil, is a 
violation of ye Bands of Truth and Tyes of (4ratitude, 
thereby exciting men to seek ye utmost Revenge, and all 
y' will and force I have coidd accomplish. Ihit I will tell 
you and y' w"' comfort to my soul, I am of a better spirit 
and of more heavetily p(»licy. 1 know y' lyes are short 
lived, and y' pe patience of ye sufferer shall both outlive 
ye eff'ccffi of si/<-/i hkiII'-' . 1 would putt it u]) if it were to 
be done, and had not :i fresh Cry pursued ye former 
Intelligeiu-e, yon iiinl hardly e\ ei- heard any more of it. 
But it I)eing narioiially divulged ;ind becom a Pi"o\'incial 
wrong, and as sucli coiuplained of in y'' pritvincdal Council 
of this ])rovince. It was y" uiianiiii<»usly resolved U))on 
y** a re(piest made to me. y' I would t'oi'thwith dispatch 
Commissioners to you ye Govern' and ("oiincill of West 
.learsev to complain of ye Wrongs aforesaid, and in ye 



1683] PENN TO THE AITTHORITIES OF W. JERSEY. 419 

name of _ye Govern'' and Conncill of this Province and 
Territories, thereunto annexed to demand satisfaction, a 
thino; as it is reasonable on onr j)ai'ts to expect, so most 
just on yours to errant, in order to which I have appointed 
and Commissioned my Trusty friends and Counsellors, 
Cliristopher Taylor, James Harrison, Tho. Hohnes and 
Thos. Winne, to transact and conclude of all matters relat- 
ing to this affair, as also ye iinal establishment of a right 
understanding between us concerning ye River and Islands. 
I have no more to add but ye endeared remembrance of 
my love, and to tell you I cannot but believe y* 3'ou will 
take my great Wrong and Suffering unto your serious 
consideration, and do me y*^ Justice w"*^ shall acquit you as 
just men in ye righteous Day of God. I am 

Your loving neighbor and sincere friend 

W. P, 

Phila., ye lltli "^•'., of y. 4^" [11"' of 4"' "'°- ?] 1683 



Wm. Penn to the (xovr. <t: (V)iincil of West Jersey 

Pnir.ADELPHiA, ye 2(>th 4'"°, 1683 
Dear Friknds 

I do in ye love of God & Tenderness of his Truth, 
dearly salute you, wishing unto 3'ou ye Increase of Peace 
ik Comfort, inward and outward, from ye God & Father of 
all Blessings. 

Yours by ye hands of ye Commission'"-, and my esteemed 
Friends, Thos. Budd, John Gosnell, Henry Stacy & Mark 
Newby. dated P>urlington, ye 16tli 4tli "^'^, S3, are come to 
my hands, and upon ye Perusal of y"' in ye presence both 
of my Gonnsell & y*" Commission'"^, I have this to say: 
First y*^ 1 am not w'^out a sense of ye Justice and kindness 
therein, esteeming y'" Conti'adiction & Refutation close & 
Pathetical. bu't there seems to me an omission of one thine 



420 NKW .rKK.SKV ((tl.itMAI. Dix IMENTS. [16^3 

ni;itei-ial ivspectiiiii- v'^selves y' since ye Cliarge lyetli i^eii- 
( r;illy ujntii some of AVest .learsey it was not ex])rest in 
>oini' sucii niaiMUT as folhiwetli. And AVliei'eas we aiv 
int'onned by Lett'" from Credilde persons ont of En^-land, 
y' some of tliis Proviiiee of West .learsey have Mrittcn 
sncli stoi'vs. If an\- such l.i'tt"" have heeii written hy any 
mendjer of tliis Province, AVe (h» ^V:c, tlie wonls arc left 
to you, to express in such way and manner as y(»u sliail in 
wisdom think titt. 

2'' If yon ])lease <jmit anytinni;- l)esides yc Denyal vV: 
Contradiction of tliesi- false Knmors in your certificate. 
I consi<ler it will be far moi'c suitable as well to ye 
matter as my re(|uest, ^V ye rather Because ye L'' Balti- 
more hath iiothino; to do w"' ruTinini:; ye line on Dela- 
ware Kiver. 

3dlv. I cannot but <h'clarc myself dissatisfied with 
Thos. Alathews Explanation liecaiise it is hard for mc iV 
mv Council, to conceive what other reason he could ha\e 
to mention y' affrighteuing crneity committe<l at Lewis als 
AVhorekills 1)\' ye Lord Baltimore's soldiers so long agoe, 
iV out (»f date at ye same time, and in ye same I^ett"" when 
he writt of ye Lord Baltimore's Claime upon Delaware, if 
)iot to terrific People from settling in a country where any 
part lay w'^''in in ye pi-etensions of such a man. If yo' 
sense of him, w"' his own dai'k explanation i^- ye freedom 
he frequently takes of indecent talk c*v: I'cflections u|)oii me 
ife my concerns cari'v you not f'ai'ther, I shall wa\e to pre>s 
you at this time. 

Lastly you are [)leased to say y' as to ye Iliver A: Islands 
ve are willing at ye present to be Passive, takeing it not 
l*roj)er for you to manage ^V: yet y'' Commissioners press 
ine about ye right to river. We have discoursed so farr as 
they could go foi- having neither ye (irant w"' you uj)on 
whi'*' ye right ariseth, nor yet a I*leiu])otentiary Commis- 
sion to conclude arricie> of sertleni', we cannot so iiiuch as 
regularly and i)rofital)ly tri'at of ye business: P>ut this I 
will say in li-enei'al v' nothiuir shall be \vantin:» on mv i»art, 



IfJ.'^^] sAT,K:sr i\[KAr(»iv'rAT.. 421 

\v*'' ye J/'** AssistaiK-c to assure voii ^V coiiiii-rn you of vt- 
true & tendei- regard I ]iavo to ye ])rosperitv of West 
Jearsey <•(: ye (Tovenmi^ iV People tlieivof, \v'" ends this 
f'rom,^ Yoiii- faithful fi'' \' Loviiiu' Neisihhor. 



^[(■IIKH'Kll fl'Om Sdldfl, \. •/.. to (jOrci'llOI' Jrl) HI IK/.s. 
I From •• I'eiinsylviinia Aicliives, " \\)1. I., p. 7."). | 

To SAMUKr- Jknnixgs, Govenioiir and ye Members of 
Council of West New Jersey elected and cliosen l»y 
ye Proprietors thereof, in Assembly met ye 
day of Month 1()8P..'^ 

We ye the free People of ye Town iV .Inrisdictioii of 
Salem, ha\'ing taken into onr serious consideration ye pi-es- 
sent state of this Country. A: calling; to mind, w"' w' Cliai-<>e 
vVr Hazard we have transported ourselves & Famih'es into 
these remote parts of ye Worhh cV how we have laboured 
ever since our Arrival, under many Perils ct DiHiculties, 
for ye Settlement thereof in a i>ood and Prosperous Condi- 
tion, ik weighing well in ourselves y^ nothing can moi'e 
readily conduce to our present, and Childrens fntui-e Ti-an- 
(|uillity ik Happiness, then a fair and just settlement of 
our Foundations, both w*'' respect to Property & Go verm! 
tt ye Inabitants' just Interest in both, and further, calling 
to remendu'ance ye foot we first engaged upon in our 
Xative Land, and ye Danger of deserting those good be- 
ginnings layd w"' so much Deliberation ct Pnity <k w'"'' 
were once of such moment with us, y' it was thought titt, 

1 hj I'on.sequence of this foirespondeiicp, the Assembly of West Jersey, at a meet- 
iug hekl at Burlington, St-ptember 5th, lti83, directed that "the Proprietary, \l-. iI 
the Province of /V/*//.N7//*'rt/(?«. be treated with in reference to the Rights and Pri\i- 
ledges of this Province, to or in the Kiver Delaware." and William AVelcIi. Samm-l 
Wills and AVilliam Peadiee were uorainated to act ' with the Governor and .so many 
of his Council as be shall think tit'' in relation to the matters referriMl to, '(ii-antK 
;ind Concessions," pj), -180-1, Ed, 

2 This document, having no signature* nor date, and the initials only being u.sed 
in the body of it, instead of the names in full, is presumed to have been taken from a 
tirst draft. The Assembly, to whidi it was addressed, is thought to have met at 
Burlington on the -id of May, 11)83, on the 11th of which month, Samuel Jennings, 
appointed Deputy Governor by Edward Hyllynge. was elected Governor. See 
"' Grants and Concessions," pp. ill-'i Ed. 



4'J2 Ni:\\ .IKKsKV (Ol.o.MAI. 1 1( »(t M KN "IS. [1088 

v' witlidiit >iil)scril)iiiii- to v'" coulil not. ».V >oiin! tlierefure. 
to this (lay lia\i' not enjovM their Proj)L'i-t_v sS: Estates, in 
this counti-y, to witt ye Concessions sii^ncd in Kni:-hin<l, 
aiul hereby ye Freeliolders as ye A<;reeinent of ye People 
tor tlie frame of ye (ioverni' of this Pi-oviiM-e. tV: tindini; 
as jet, after all our patient waiting- for a Conlirination 
thereof to us iV: our ])ostei'ity. y' we iniulit live M'"' Seeui'itv 
cV: dye \v"' ('onitort tV llopi' for our ('hildi'eii. to i^ett aftei" 
ye many engagements of K. 1*>., \\'. 1^: (i. L: A: N L., ye 
(xovernment continued to us. it is ti-ansferred tfe settled 
to E: B. A: liis Ileii's and Assignes. wlierehv our tirst (Trant 
is hrokeii. itistt'ad of lieing more cleai-ly ratified. A: y' w''' 
was cV: is oui's as much as ye (iovei'in' of I']ast .lersey was 
S'.' Ct. Cartwriglit's, c^ is now in ye new Twelve Proprietors, 
is conveyed to E. 1>. by a New (irant. To ye End we not 
be wanting to ourselves ct Chiklren, nor tlius leave both 
ns ifc y"' at ye Meiry cV: in ye Power of any man, ik y' in 
a matter of such nuunent iV Imj)ortance, we do uuaiiinious- 
Iv desire y*^ ye Assembly may be foithw"' called to con- 
sider ye State of ye Province in case no t'onfirmation 
be come by any of ye many ships y' ai"e lately come into 
this River, a thing so often ])romised to us, y*^ fitt expe- 
dients may be applyM to cui-e our ])resent, & pi-event 
future Mischiefs iV: Incoin enit'uces, y' so we may not 
through will full and dangerous Neglect fall into fui-ther 
miseries tt confusion y" those this poor uidiajipy C ounti-y 
hatii already too long laboured under. 

Indm'sed : 

"Complaints made lo Pi'oprietary of \\ est Jersey "" — 

I'rocla)iiat'iOn of WUliaiu I'cnu. 

[From "Pennsylvania Archives," Vol- I., p. C8.) 

By me Wm. Pknx, Proprietary & Govrn"" of ye Province 

of Pensilvania Ar ye territories thereto belonging 

A Prolamation 

AVhereas ye (lovern'' of the New Jersey hath re(j[uested 



1683] (rAWKX i.awimk's (ommisskkn. 423 

nie y* ye order l»y him A: ye Couiieill of ye said Coloney 
made concerning ye illegal Deposal of Lands, w'^'^in ye s** 
Colony l)y Thomas Mathews, might be made public in 
this province th' no Tnjurv cV Loss might come to such as 
unadvisedly are incliiiablt- r<» piirchase any pai-t oi- tract of 
him, these are to give iioricc ».V to warn all yr liihaliitaiits 
of this Province cV tei-ritories thereof to forliear dealing 
w"' buying of ye s*^ Thomas Mathews any Lands, so taken 
up as they tender ye security of their concerns tt will 
answer it at their peril, given at Philadelphia ye IStli 5th 
mo 16S3.— 



Coiuimssion of (j(iir,ii Ijiiriui- as Dtputij Govrt'uor of' 
K(txt Jerxt'iJ. 

[Fnmi '(iraiits and ('(•ucPi'sioiis," ji. Itis.| 

Robert Baiulav, one of the Pi-o])rietoi's and Gov- 
ernor of the Pi'(ninee of East New Jersey in 
Aniei'ica, to his trusty and well beloved Fellow 
Proprietor Gawn T^awrie, sendetli Greeting-. 

Wher]<;as the Propi'ietoi-s of Fjixt Ncn' .J< r.scij aforesaid 
having by their Commission under their Hands and the 
Seal of the said Province, constituted the said liahert 
Barclaij Governor thei-eof, which said Connnission is in 
these Words, or to this Effect, to the Proprietors of the 
Province of J'Mxt Neio-Jersey^ To our trusty and well 
beloved fellow Proprietor Iiol>ei-t Bai'clay, sendeth Greet- 
ing. Whereas the Power of Government of the Province 
of East New Jersey^ is devolved upon us, and assigned to 
us by James Duke of Yorh^ wnth Power to constitute and 
appoint such Governor and Commissioners for the well 
governing of the said Province, as we shall see meet ; and 
we having heretofore, out of the Confidence we had of 



424 N'KW .IKWSKV CoI.oNlAI. 1 •• >( I M K.\ TS. [Irt8?> 

liohtft liiirrlinj. his Skill. I 'I'lulciicc and liiti'iii'ity, (•(disti- 
tiite<l and :i|i|)L»inttMl liim ( io\ i-nmr of tlif said Province, 
to a|>i)(»iiit a Deputy dui'ing liis Ahsence tlieivtVom. t»> hi' 
appro\etl 1)V Sixteen of the I*i'oj)i-ietors, upon \\\v same 
Reason and ( 'onfidenee. we di> lierehv contii'in tn him the 
Governini'nt <>f tlie >aid I'rovince during all tlie Days <»t' 
his Life, as to lia\f the rowei- of the (Tovei'iiment of all 
the said l*i-ovinee. and of all Isles. Rivers. Islands, and 
Seas within the same or lielouging thereto, to do all and 
every Thing oi- Things which to the ( 'hai'ge and Oliiee of 
a (irovenior doth appertain, coiiiinanding all inferior ( )tfi- 
cers to ohey him a> tlu'ir ( iovcrnoi-. accoi-ding to this our 
('ommission, and the J^owers hereby gi\en him. and aeeurd- 
ing to the Laws and Constitutions made oi" eontirmed by 
us. or to be made, which he himself is to observe and 
follow, as unto his Duty and Office doth aj)pertain. And 
whereas we have agreed and ai-e satisfied, for certain good 
Reasons and Considerations moving us thereunto, to com- 
mit this Ti'ust unto him, and to gi\e him this Chai'aeter, 
without laving any Necessity upon him to repair to tlie 
said ProNince; so likewise we \\',\\(\ ami do hereby give 
him Powei'. fi-om time to time as need shall be, during his 
absenee, to name and constitute ami grant Coniuiissioii to 
a Deputy Governor, to serve in the said Province, he being 
always ai)i)roved by Sixteen of us the Propi'ietors, and 
following the Oi'ders he ivceives fi'om us, according to the 
Laws and the Constitutions of the said Pntvince. (n\en 
iindei- the Seal of the said Pro\ince. and signM l»y our 
Hands, Dated at London A\\^ S, centeenili Day of they^V'/// 
Month called Jnh/, in the Year of our Loi'd, according to 
the English Account, ( )ne Thousand Six Hundred iMghty 
and Three, Subscribed by Thomax ('oojxr, L'hntcnt Plant- 
xhati and J^roxy for Jiohert Tnrn<'i\ WllUdni. O'th-son, 
Artni ISonnninx, Williiiin J)o<-kii'iui , Thonmx //mi, Gaion 
Lawrle, Janon l>raint'„ elder, Thoniaa JJar]\< i\ Wichanl 
Mew. He the said Itohert Barrlaij, according to the 
Power given him l>y Virtue of the said Commission, doth 



1683] (JAWKN l..\\ViaK*S CO.MMISSTOX. 425 

lit-rebv as far as in liiiii Ijetli, out of the Confidence lie 
hath of the said (T((ini Lawi''u\ Skill, Prudence and In- 
tegrity, with the Approbation of Sixteen of the Proprie- 
tors of the said Province, testified bv their sij^ninfi; hereof, 
constitute and appoint him De])uty Governor of the said 
Province, and of all Isles, Rivei's, Islands and Seas within 
the same, or belonging- thereto ; to do all and every Thing 
and Things which to the Cluirge and Office (jf a (lovernor 
doth appertain ; commanding all inferior Officei's to obey 
him as their Governor accoi'ding to this C\>mmission, and 
the Power hereb}^ given him, and according to the Laws 
and Constitutions made and confirmed, or to be made and 
confirmed, b}' the Proprietors of the said Province ; which 
he the said Gm.on Laivrie is to observe and follow, as to 
his Duty and Office doth appertain ; to hold unto the said 
Gawn Zawrie for and during so long Time as he shall in 
the said Place or Office of a Deputy Governor well behave 
liimself, not exceeding seven Years. And the said Robert 
Barclay doth further give Power to the said Gairn Latr- 
rie^ in case of urgent necessity, to appoint a Deputy under 
him. Given under the Seal of the said Province, and 
signed by the said Roljert Bardaij^ and Sixteen of the 
Proprietors of EaHt JSfevyJeri<eii aforesaid, dated at Lon- 
<hjii tlie Day of the Month called JuJij^ in the 

Yeai- of our Lord, according to the English Com])utation, 
One Thousand Six Hundred Eight}^ and three. Mem<jran- 
dum, these Words not exceeding seven Y^ear,s, were fii-st 
interlined. Robert Barclay, Perth, Thomas Gox. Janirs 
Brauie, elder. Cleiiwiit Plumstead, Proxy for Robert 
Turner. Arent Sonhiaiis. W'dHam Dochwra. Wdliani 
Gibson for himself and Proxy for Wdliam Penn. Thomas 
Cooper. Richard 2few. Barthohymew GUisou. Edvmrd 
Byllying. Tlioraas Hart. Thomas Barker, and Proxy 
for Ambrose Rigg. Subscribed at Cluny, in Scotland, the 
Seventh Day of Septernber 1683, by Robert Gordon. Robert 
Burnet. 



-t-'i NEW JERSEY COlJtMAI. I)< x, L MKNT.S. [1683 



I itxtriict n>iif< til J)'j)iifi/ ( iiii'i iiiiif Jjdrrit. 
I From "Giauts :iiitl CuiiceHiiionN," p. 171. | 

Lnstuic TJo.Ns for (rdwen Lcurj-ii, wIhmi il sliall 
please God t<i Ih'Iiil;- liim to East New-Jersew 

III the tirst Place we do lav it ii]i(iii him to take all due 
Care to observe the Act ot" Xjiviuation, and to see that it 
be IiitViiiged in nothing as to what relates to the King's 
Customs or otherwise, and to give no Connivance to any 
so to do. that there be no just Occasion given of complaint, 
or Ivetiections upon the Proprietors on that Account, but 
that in all 'J'liings he (U-niean himself, and see that others 
under his Authoi-ity so do, as may Witness onr sincere 
lntenti<tns of all submissions and (obedience to the Ivint;, 
according to the Obligations laid upon Us by our Patent. 

II. That he keep a good and friendly Correspondence 
with the Governor and Cohmy of AV?/> i V/'X', and be care- 
ful of avoiding all Things that may Interfeer with their 
Interest, or give just reason <tf C(»m])laint from them ; that 
he be not apt to give any Encouragement to People to 
trans])ort themselves from thence, minding that we do not 
design to advance our Interest by any Thing which may 
prove Prejudicial to that Province. 

III. AV^e desire him also to keep a good and fair Cor- 
respondence with all other our Xeighbouring Colonies, 
and in all Things labour \o maintaine Peace and Good 
AVill with them, wherein there doth not appear a manifest 
Prejudice to us, and your just and honest Interest. 

IV. We do recommend to him to take Inspection into 
our Instructions last sent over, and to mind putting them 
in Execution, and Prosecuting them as if they were here 
particularly repeated and renewed. 

V. We desire him to use all means of Gentles and 
Tenderness with the People there, and to let them Under 



1683] INSTKUCTIONS TO DEF. <;oV. LAWKIK. 427 

stand our just and kind Intentions towards theiii, that they 
may be disposed on the other Hand to be just and respect- 
ful towards us. 

VI. We do desire him to take a narrow and particular 
Inspection into the state of the seventh reserved to us by 
the first Concessions, that we may perfectly know what 
tliey will amount to, how considerable they are in every 
Town, or in the greatest out Plantations, that he may con- 
sider the best means of making a just Division of them 
among tlie Propi'ietors, and to see liow it may be Ordered 
tliat every Proprietor ma^^ have as many Acres of them 
lying together as may make a tollerable Plantation, though 
the Sliare of one might fall in the seventh of one Town, 
and of another in another, since we think it not practicable 
that there can be a Division of the seventh of every Town 
in Twenty four Parts, it would make so many inconvenient 
FractioTis ; so that the six Towns, whose sevenths are not 
yet taken np by the Proprietors, (for Woodhridge goeth 
to Perth Town) it may be expedient that two sevenths go 
to eight Proprietors (consideration of the advantage or dis- 
advantage of Scitnation or of the different qnantity being- 
had) and so divided by an equal Lot in three Parts, one to 
each eight Proprietors, and then a Subdivision amongst 
them accordingly ; yet this is still so proposed as it is 
remitted to his Discretion, being upon the Place and fully 
informed, to propose any better expedient. 

VII. We think also the same may do Avell as to the 
Division of the Ten Thousand Acres to be set out to each 
Proprietor as hath been formerly ordered, which we desiie 
may be done forthwith without any dela}', viz. That any 
Tract of Land which is pitched upon for the laying out 
the Ten Thousand Acres as a Part of it, may be cast first 
in three equal Parts or Lotts, one to each eight Proj3rie- 
tors, or in two, viz. To each Twelve if it be found most 
convenient, and then a Subdivision to be made ; always 
minding that these eight who have sent over Servants and 
Goods in Company make one of the three, that being most 



4l'> NKW .IKKsi:^- ((iI.iiXIAI. IHM IMKNIS. | 1 f)88 

jii.-t and coiivi'iiii'iit ; a> ;il>o it it iii;i\- l»c hail that at least 
twti Tlidiisaiid Aci'es may lye ro^crlicr tor <'acli Prupiai'tor 
to 1k' a particular I^laiitatioii to rliciii if tlicy in- so dis- 

]M »t'<l. 

\111. W (.■ JikI^c it alxi lu'cdt'ul. that not oiil\- tiiis two 
Hundred and Forty Thou>aiid Aci'cs. now to lie set out to 
the Pr(tpn"etors. he tVce«| of all Indian Incundtrances and 
|)Ui'chased tVoin them out of the Com|)any's Stock, hut tliat 
no opportunity be omitted of l*ur('hasiii^- moi'e Land from 
the Indians until the whole Province he honifht from them. 
an<l for this End whatevei- is there, of the Company's Stock 
or of the Profits ari^iiii:' to them from the (^)uit-Pent>, 
oi' othei' wise, he imployed. 

iX. ^Vc desii-e lie may make all neeclful Pri'paratioii 
towards drawiiiii' the Line of I)ivision hi'tween ns and 
||V.s7-,/r/'.svy, that it may be done as soon as ])ossible it can : 
and that in the interim to take what information lie can, 
where it will fall, so that we may ha\"e a oei'tain Account 
both of the Breadth and J.ength of the ]*rovince, and of 
the (^)nantity of Land that is in it, and of the natui-e of the 
Soil and coineniency of those back Parts of it whereof we 
liave not yet so ])articulai' an Account, and in this we 
could wish it inii>-ht be discoxcred whether there may not 
a convenient Road be found betwixt PrrtJi Durn and 
III! rl'iiKiliin. lor till' entertainitii;- a Land ( 'omnierce that 
Way. 

X. As to the (^uit-Ki'Uts. we di'sire it may be seriously 
considered what has been said in tlu' Sixteen and Se\ en- 
teen Parra_i;-raphs of onrfoi-nier Letter directed to T. li aiui 
the Ad\ ici' of ( 'ouncil, therewith sent, to mind whether the 
Land be taken n]» accordinii' to the old Concessions; foi* if 
it be not >o taken up, it is straiiiie why we should he 
|)ix'ssed to confirm it. Therefore (.'onsidi'r the third Article 
of the okl Concessions, where all Leases and (irants ai-e to 
be Rei^istered. And the Fourth Article, the Surveyor 
General is to lay out and bound all Land, which is to be 
done by Order of the ( bnei-uor and Council; and in the 



1683] IXSTRFCTIONS TO T>KI'. GOV. LAWRIE. 429 

Sixth Article it is expresly said, all that are to be free Men 
of the said Province are fiist to be admitted bv tlie Pro- 
])rietors, or their ( )rdei' : it must also be exaniined whether 
any have not a gi-eat deiil more Land than is in their Pat- 
ents, ami in that case we leave him to make tlie best 
Agreemetit with them he can, so as it may ap])ear to tliem 
we are not S(^) strict as in .Instice we may: And also where 
any are lain far l)ehind in theii' (^uit-Ilents and om'c mnch, 
if they have much more Land than they have yet bi-ou<rlit 
in or have present Use for, we jud^'e it no ill expedient to 

pass them their by past (^nit-Kents, they of consent 

dispencing with a Part of their Land to the Propi-ietoi's use 
where it lyes conveniently, as where some have Ten or 
more Thousand Acres, and have perhaps used but a small 
Part of it, as yet, and payed none or very little Quit-Rent 
for it, they may be content to let go a good Part of it, 
rather then pay all their Rests and be liable to })ay the 
Quit-Rents for all Time coming, so we leave him to bar- 
gain with them in such cases, as in discretion he shall see 
meet, not standing much with them upon small Matters. 

XL We desire as soon as conveniently he can, a true 
and clear Information of the State of the Land ali-eady 
taken up, of the Value of the C^uit-Rents, of the rests 
owing, of the Agreements he nuiy make with any of them, 
and of the Scituatiou, Number of Acres aiul \"a-Iue of the 
Sevenths. 

XIL As for the I*atents and (ri'ants of Land given by 
(Tovernor JSl.<'hon>i which several seems to stand u[)on, we 
desire it may be examined what Power Governor N'lrJtolh 
had from the Duke, how far it extended, wdiether he had 
Power to sell, lett or grant Patents for Land in JerM<'i/\H, 
also whether he made any Laws or Concessions, and if he 
liad Power so to do by his Commission, and how his Com- 
mission was limitted for we have it not; if he had no 
Power to make LaM's oi* Concessions, then by whsit Rule 
<;ould they proceed to take up Land and settle ujxoi it. 
And whei'eas sonu' liaxc pretciuled a right to (ioxi'rnment 



430 NEW JERSEY COLONIAL DOCUMENTS. [1683 

as M'ell as Soil, that cannot be : For suj)pose Governor 
Nichols had Power to be Governor, it was to Govern bv 
some Laws ; if so, wliere were tliese Laws, who made them, 
and by what Antliority ; lie could not divide the (Govern- 
ment so as to rescin'd one Part from the rest ; all those 
Things would he well considered; Avhere the difference is 
small we are willini; the Advantage fall to the Iiduibitants ; 
but where the difference resolves any ways to our c(mi- 
siderable loss, if it. with the help of the Pi-itj)i-i('iors there, 
cannot l)e brouglit to a good Jssue we desire the cause may 
be truly stated and sent to us, that we may consider of the 
means to remove it. 

XITT. We recommend to him to take care to let the 
People rightly understand the Advantages yielded to them 
by this Scheme of Government now sent over, and how 
much it exceeds their former Commissions, which if rightly 
Understood by them, we hope will be a great means to 
satisfy them ; and also we desiiv that he may as soon as 
possible he can, order it to be passed in an Assembly, and 
settle the Country accordingly thereunto. 

Xl\', Whei-eas in the Tenth Article of the first (\m\- 
cessions, the Assembly is to raise and ])i'ovidc a sujiply, 
for nudntaining of the Governor aiul defraying all Neces- 
sarv char<;i'S, we recommend nnto him the minding of this 
and Managinj; of it with all the Dexteritv \w can, that as 
we desire in all Things to apjirove our selves just to the 
Inhabitants, so likewise they may be found so to us, in 
this necessary Point. 

XV. Whereas one Gi<>r<j< JMckhdrt^ who has a consid- 
erable Plantation in the Province (as he informs us) is 
desirous to have the Marshalls Place, and offers (we giving 
him a Comndssion for that Othce, together with a Lott of 
'J'en Acres in P< rth Town) to ])uil(l us a Prison and Town 
House there, we do wholly leave it to him. to consider 
what Accommodation there may be t(» us in that Pro[)osi- 
tion, and do hereby fully empower him to grant such Com- 
mission, and append our Seal unto it. and make such 



1683] INSTRUCTIONS TO DEP. GOV. LAWRIE. 431 

Agreement with the said George Locl'harf as (being upon 
the Place) he shall see meet. 

XVI. It is recommended to take particular inspection 
into the conveniency of fishing, and serionsly to consider 
the Advantage which may probably accrue to the Proprie- 
tors by an Improvement theieof, whereupon we will exjiect 
Information and Pi'opositions to that effect; and especially 
as to the AVhale Fishing, which we desire may be encour- 
aged, and to that end we do allow to make use of our 
effects there, rather then by Loss of Time in waiting for 
Advice from hence, the Fishermen should be drawn else- 
where for want of due Encouragement, as we Understand 
some already are. 

XVII. As to the Lotts at Aitiho Point, and the Town 
of Perth, there to be built, we desire that due Care may 
be taken that it may be made regnlarly according to a 
Scheme which is intended herewith to be sent ; to be sure 
that the Streets be large, that the Houses be not crouded 
one upon another, but that each House have backwards a 
considei'able void foi- a Yard and Garden, that so no Street 
be laid close to the back of another without an Intervale 
of at least a pair of TJutts, and that the Key and Market 
Place be. also conveniently ordered. 

XVIII. Though we understand by S. G. and T. R.i 
their Letters, that the Parcel of Land intended for the 
Township is but Nine Hundred Acres, and One Hundred 
of Meadow, yet since Widow Cartright has offered Two 
Hundred lying well to it, we desire it may be accepted, 
and that Three Hundred more of what is most contiguous 
and adjacent may be laid to it, and so make us the Num- 
ber of Fifteen Hundred as was fii'st proposed, that so there 
may be One Hundred and Fifty Lotts of Ten Acres a 
Piece ; and we think it most convenient that there be 
made an entire Division of these Lotts amongst the Twen- 
ty Four Proprietors, which shall be about Six Lotts to 

1 Samuel (Jrooin and ThoiuaK Hiulvaid. 



432 XKW JKHSKV (Or.oMAL DOfTMENTS. [1683 

each, all tliar is for Piil)lick use i)L'iiiir tirst taken ott", that s»> 
eacli may hiiild. st'll, Ictt m- dispose of their Lotts as they 
see meet, which we judii^c will be the (juickest way <»f 
Huildiiii; the "^Pown : Hut if any Lotts he Sold already by 
S. (t. or T. 11. accordini,'' to the ( )r(lei- they had. if so be 
they, 01" S(»mi' other (if the J/rnjti-ietors, be tiot willi?)<r to 
allow them in their Shai'es and take the ])rice, then let all 
that is S(»ld be first dedneed <d' the Cieiieral. and be dividefl 
})rovat(». and the Rest l)e divided amongst the Pi-oprietors, 
to be disposed of by tliem as is above mentioned. 

XIX. We do also liereby authorize them to call for an 
Account from Sdninel Grooinr of our Car-io of 750^;. sent 
over, and desire thee to send us a ])articular Information 
per first how it is em})loyed. liow it stands, and what is 
become of it : Also in respect Sitnnul Grooim;^ the younger, 
luis shewn so great an Inclination to sell his Fathers Pro- 
priety, which he has ali'eady a Itight to, and that thereby 
Samuel Gi'ooiiw, the eldei". may eithei" come back or be 
indisposed to serve in the Imployment of Surveyor Gen- 
eral and Ileceiver of our lients, tlu'refoi-e we do herewith 
send a IMank ('ommission fo'" Surveyor (ieneral, and 
another for (General Receixer, to be filled up by him to 
such Persons as he shall tind most projie'" upon the Place 
for that Use. 

XX. We do also hereby according to the I'actiou inade 
betwixt thee and us, order thee as our Dej)uty Governor, 
to take Possession of the House belonging to the Proprie- 
tors, with the ( )rcliards and (iroiinds beh»nging thereto; 
and we order TInmuiK h'lnli/urd io give thee i*ossession 
thereof; and we desire thee to take (/are to clear all the 
frivolous Pretences of Widow Ciiiiri<i}it thereto. 

X.XI. As foi- the Laws made in the last Assend)ly, sent 
o\ rr to n>. we haxf this to say. that by the first Conces- 
sions the Assembly has (ody Power to make Laws which 
are to stand for a ^ eai\ unless they be approvetl by the 
Proprietors: Now tlio' we have? not much to oi)])ose to 
some of them, yet we see not nn'et to appro\e of them. 



16S3] INSTRUCTIONS TO DEP. GOV. LAWEIE. 433 

beeanse we have Iiere sent a frame of Goveriinient which 
we are perswaded is far more advantagous for the Prov- 
ince, and we desire Things hereafter may be ordered 
accordingly : And for other transient Laws, we judge 
there is no need of multiplying them, which after this 
Method would quickly swell to too vast a bnlk ; so that 
in most of those Cases mentioned in the Laws sent over, 
it is most proper and safe that the Common Law of Emj- 
land serve. London the Twenty of the fifth Month called 
Jnly, 1683. 

Barclay^ for himself and for the Earl of Perth. John 
Drwiniiwnd, of Luiidy, for Robert Burnet, Ar. /Somnans, 
for myself, and for Bohert Gordon. Thomas Bm-ker and 
for Amhrose Biggs. Biehard Mew. Thomas Cooper. 
Clement Phfinstead, per Proxy. Bobert Ttirner. Wil- 
liam Gibson, for himself and William Benn. Thomas 
Cox. James Braine, elder. Thomax Hart. Willia/n 
Bockwra. 

A Postscript, <fec. 

3femora)idum, It is also recommended to Gawn Lavrrie, 
or the Governor for the Time being, and it is unanimously 
agreed, that wherever any Land is set out, or cast out into 
Divisions, to be distributed among the Proprietors, before 
it be by Lot applied to particulars for the Encouragement 
of such as are ready by themselves or Agents to plant and 
improve, they shall have Choice of the Division before the 
Lot be cast : And for the further securing the Equity of 
this, that it be past in the first great Council as an Act ; 
and in pursuance of this, as to the Six Thousand Acres 
belonging to the Proprietors upon the South Side of 
Bariton, over against Amho Point, that it be cast in three 
equal Divisions, two Thousand in each, for every eight 
Proprietors : And therefore the eight Proprietors who are 
now sending over in Company both Stock and Servants, 
shall have their Choice of these three Divisions. And 
■whereas the three Lots must be cast again in eight Divi- 



434: NEW JEKSEY COLONIAL DO( TMENTS. [1683 

sions, one for t'acli Pi'opriotor. wliatevor l^roprictors at 
any Tiino lu'ruaftci" sliall Ix' I'eatlv to plant upon and im- 
prove his Share, shall likewix' ha\»' his choice' of the 
sult-(ii\ isions. 

liiirclnij, iov hiniselt and for the Kai-I (d" /'<rtli. John. 
Dnimniomi oi Ltindi/. awA Ui>h, rt liiinnt. A . SomiKins, 
for myself and for L'oln rf (iori/on, and for />*. (jihtioii. 
Aiithro.si H'kjij. K<1. Il'iUuKj. lliiinnis Ihtrki i\ and for 
AmhroKc lixjij. 7'lii)iii(ii< Coojhr, Jatinx Hr<ihii\ elder. 
Tlioiiiiis llttif. Clnmiif l*hi nii<f((i(h /'. //. and Proxy. 
Ii*(ili< rt 1 II rill /'. li nliii I'd Ml ii\ II ill iiiiii J hK-kii'ra. 
WilliKiH GiliKOH fur himself and WiUinno I\nn. T/wuhis 
Cox. 



fhsfi'ih-lions j'or T.itij'inij (hit of /*< rf/i Ton'ii in East 

Jcrsi y. 

(Kiom tlu- Oi'i;;iiial in the Possession ol' W. A. Whiteliead.] 

London Septend)er y« 21*' 1H83 i 

]\1" (i AW KN Law KIE 

ll 11(1 
j\!" Samiefj, Giioo:\ii;"^ 

WvM \ii(k'r wj-ittcn on hchalfc of our Sclve>, and the 
rest of the Pr()[)riet<)rs of the Province of East new Jer- 
sey, liaveing further Considered tliat much of y*' Interest 
of the said Province lyes in the exi)editious building of 
y'" ground on Ambo Point, which we Intend shall be called 
Pertu Towne doe give you the Ordc^rs, and Instructions 
following (Viz') 

J iii.pri mix That as soone as ])(jssil>lc, after it shall please 



1 The copy of these in^tructioDH, sent to Scothmd for the sij^iiatnros of the I'lu- 
pi'ietors tliere. is in the library of the New Jersey IMstoriiMl Society. There are 
soiiii- trilling ditrerenees from the one used for this work, in spelling. (■a))itals and 
alibreviations, and a few ol' more eon.sequt^m'o. The coiiy for Scotland lias the date 
a' tlie fr)cit of the instrnniiMit. El>. 

2 The Scotch cojiy has the name of Samuel (Jrooni erased, and the address is a.«« 
lolliiws : " y^x (lauen Lawrie \<' who are I'ropiietors i of ye Councell." Ei>. 



1683] LAYING OUT OF PERTH AMBOY. 435 

God you are Safe arrived in East Jersey you doe inspect 
what is done vpon our former order to Samuel Groome, 
concerning building of twenty four houses in Perth Totone, 
one for each Propriety, and in case they be not done, that 
then you cause them to be finished with all expedition, 
and that on each house there may bee bestowed thirty 
pounds Ster^ : prime cost in England but not more. 

Iff til that such Proprietors as are personally there doe 
possess or dispose of his owne house as he shall see most 
lift 

//(///. That such <>f y'' twenty four houses as belong to 
those Proprietors who have not sent servants to settle in 
y^ said place, you nre to dispose of, as you shall see most 
suitable to the Encouragml' of those who shall come to 
settle in the said Towne, and are destitute of houses to 
give them present entertaynm', [the proprietors or their 
agents & servants comeing thither being lirst accommo- 
dated. *] 

Itenh What house is lett for Rent tho the Proprietor 
be not present, nor have sent any servants to settle there, 
yet the said rent shall be applyed to the proper account of 
the Respective Proprietor of such house 

Itciii That you doe lett no house belonging to any such 
Proprietor, but on this condition, that when himselfe, or 
any Agents, or Servants arrive to Inhabit there, the said 
house shall be Surrendered on Six '-* months warning. 

IteNi That it may appear how Greatly desirous the 
Proprietors are of y'^ expediteing the worke of building 
this Towne They do vnanimously consent, and agree, that 
there be a house built for y® Governour at the publi(pie 
charge and in pursuance thereof, doe hereby Order, and 
Impower you to Sett out such a portion of land, In such 
convenient place as you shall thinke most convenient to 
build the said house thereon, and to enclose so much 



1 The words between the brackets appear to have been added aft«r the rest of 
the instrument was written, and do not appear in the Scotch copy. El). 
',i " Three," lirst written and erased. El). 



43«1 NKW .)KKSKY OiLoNIAF, DOCT'MENTS. [1683 

ground as iiiav l»c iieccsparv, and Mixk'rrttidy vsefull. for 
(xanleii. < )rchard and i>tlier act'oininodrttioiis for a Gov- 
ernour; And to answer tlie charge tliereof, yon are liereby 
( )rdered to niak vsc of y*" Publique Stock In tlie said 
I'rovince, and in ease that fall short, wee do consent, and 
ajxrce and accordingly hereby Impower, yon to draw bills 
on snch Proprietoi's as here bee at London b}' tlunnsches 
And on such Pro|)rietors as are in Scotland by themselves, 
and for such Pruiu-ietoi's as ivside in y'' said l*rovincc you 
are to charue thcni with theii' parts there, so as, on every 
respective Pro]u-ietie, you Di-aw oi- Charge the valine of 
ten pounds ster. and no more, wiiich if there be occasion 
for, it shall be layd out on the said Intended house for 
vour selfe. and those that Succeed you as Governour of 
that said Province, and shall reniaine, and for ever be 
deemed as the Publi(pie estate of the Pro])rietors in Joynt 
Stock ; but the four and Twenty houses to be first finished 
before y^' (4ouernors house go on 

Jteni y(»u are also hereby ordered to remove the Gov- 
ernm'' of the said J*roviiu'c to Perth Towne with all 
jtossible expedition, and that y'' Counsell do sitt there, 
and that y^ (^ourts, and quarter sessions be held there, for 
time to come, till further Order, and as soone as may be, 
that the Assembly do also sitt there, and that all such 
publique business be brought thither, as may ])romote y® 
dispatch of building the said Towne, and the trade thereof, 
to give encouragemi^ to all such as shall come t(t settle 
there 

/fr/ii that whereas there is six lotts, or shares of ground, 
ovi'r and above the 144 which make six a piece for each 
Proprietor which has been designed for Markets, wharfes, 
Prison, Town house iV such like publique vse. it is desired, 
that the Intended house, and ground, for residence of y*" 
Governour for the tinu; being; bee sett out of part of 
y'" said six lotts, or shares ; But you the p'sent Governour 
and the (iovernour for the time beeing, are hereby Im- 
])Owred to exchange any spot of ground, with any other 



1683] LAViNc; otJT OF pkrth A^srjjov. 437 

not yett taken vp for the like quantity, if the convenience 
of situation for the said house doe require it. And so wee 
hid you heartly Fai-eM'elh 

Tiio: Cox (tawkn Lawrik Will. Dockwka 

Kich: Mp:\v Tiio: Cooper Tho: II aim 

C'lem"^: Plumstko Tho" 1>akki:k Wm: (iinso.N 

it^"- pxy« fr A: px'' for 

Rob'^ Turner. Amuros IlTrT<T Jamks I5RAix;ekK'r 

Dated in London the 2P.* day of Septend>: anno Doui 
1083 & sealed w^'' y*" seale of tlie Province. 

[The signatures t<^ tlie <'opy sent to Scotland were 
arranged as follows :] 

Subscribed Tno: Cox Tho: Coopkr 

in Scotland Will: Dockwra Gawen Lawrie 

the 22 of W: Gibson Tho^ Barker & px*^ 

Oct: & ii of Tho: Hart for Ambros Riggs 

:N''ov. 1683 Eich: Mew. Perth 

[l. s.] Clem'' Plumsted it se RoT Burnet 

pxy fr R. Barclay 

Robt Turner. W-^ Gibson A 
John Hancock Proxie foi- 

Rof Gordon. ^V'' Penn 

Peter Sonmans Johanna Sonmans 

James Brain eldei- Rachel Sonmans 
J. Drummond 
\En(lors<i1 :] To he sent For Scotland Ar to he returned. 



Governor Dongdu, nf Xcn' )(>rl\ i<> Governor William 

Penn . 

[rroiii " Peimsylvania Ai-cliivos," \'ol. 1.. \^ .-'(1.) 

s? 

I was Snrprised when Ca])t. Baker came to nie and told 
me that yon wonld purchase his interest of Governor 
Nicoll's his Patent, which seemed very Strange to me, 



4I')>1 NEW .IKRSKY COl.oNIAL Dori'MENT;:. [1083 

beciuise you had advised me U> it, and I told y<ni 1 resoh t-d 
upon it in Particular. 

Governor Kudiard came to \\w and seemed niif^lity 
an^ry that 1 should offer to hny it. hi- alledijing tliat it is 
to Countenance tlie people t<> he mutinous ai^ainst that 
Government, the wliich is ahsolutel}' contrary to my Prin- 
ciples and thoughts : if I have any I^and tliere, as I ques- 
tion not but 1 shall before I see you, 1 shall as willingly 
submitt to the Laws of the Government as any one J.iving, 
and Lay down my Pro])ortion of Payments with as great 
willinijness as anv of them all — he seems not to be well 
pleased witli you, because ]\r has hrai-d yon designed to 
buy one of the Patentees interests ; 1 doubt not but what 
you do is for the Interest of his Royal Highness in this 
particular affaire; If possibly 1 can see yon before Winter 
comes on, I will. 

All business goes on here to gi^eat Satisfaction ; the 
Ses(piehannok lliver is given me by the Lidians by a 
second gift, about which you and 1 shall not fall out : I 
desire we nuiy Joyne lieartily together to advance the 
Interest of my Master and your good Friend : I expect to 
hear from you, how you would have nu' |)ro(H'ed 
Di'ai' Sir, 1 am your atfeetionate 

Fi'iend vV ilundih' Ser\ ', 

Fort James Oct'' 22*' ir)S8 Tno. 1)oN(.an 

'' For WiLMAM Pknn, Es(]uire. 

" Ciovei'uor of l^ensilvania." — 



C/iif/'/'-^- 11. ti> till (nii'il'linr It III/ CiiilHi-il of h'lixl \cir 

JllSllj. 

I From I'lililic Hi'conl Ollici', I.tiiiiloii.l 

c liiopi ^xmA li 

ClIAkl.ES //. 

"ITTIIKREAS His Majesty for divers good Causes and 

^' Considerations Ilim thereunto moving. By His 

Letters Patents bearinu Date the 29th of June Anno 



CHABLES It. TO GOVERNOR AND rOUNCTE. 4?)9 

DojiE 1674. in the Six and twentieth year of His Majes- 
ties Tteign, was pleased to give and grant nnto His Dear- 
est Brotlier James Dnke of York, several Coantreys, 
Islands and Tracts of Land in America ; Part of wliicli 
were since called by the JKanie of Nova Cipsaria. or Xew 
Jersey, and was Vested in John Lord Berkeley of Stratton 
and Sir George Carteret Knight and Baronet, who are 
hoth of His Majesties most Jlononrable Privy Conncil, 
and in their Heirs and Assigns : And the East Part or 
Portion of the said Province of New Jersey, by a certain 
Deed of Partition afterward made, became the Share of 
the said Sir George Carteret, his Heirs and Assigns, and 
was agreed to be called East New Jersey, and was since 
Assigned to the present Proprietors. And whereas His 
Royal Highness James Dnke of York, by His Indenture 
bearing Date the 14th. day of March Anno Dom. 10S2. in 
the Five and Thirtieth year of His Majesties Reign (for 
the Consideration therein mentioned) did Grant and Con- 
firm the said Province of East New Jersey (extending 
Eastward and Northward all along the Sea coast and Hnd- 
sons River, from Little Egg Harbour to that jiart of Hud- 
sons River M'hich is in Fonrty one Degrees of Nortliern 
Latitnde, and other ways Bounded and Limited, as in the 
said Grant and Confirmation, relation being therennto had, 
may more particular!}' and at large appear) nnto James 
Earl of Perth, John Drummond of Londine, as also unto 
Robert Barclay of Yry Esq ; Robert (Gordon of Chmy 
Esqnire, and other His Majesties Loving Subjects in Eng- 
land, Scotland, and elsewhere, to the nnmber of Twenty 
four Grantees, and to their Heirs and Assigns for ever, 
together with all Powers and Jurisdictions necessary for 
the good Government of the said Province. 

His Majesty therefore doth hereby Declare His Royal 
Will and Pleasure, and doth straitly Charge and Command 
the Planters and Inhabitants, and all other persons con- 
cerned in the said Piovince (»f East New Jersey, That they 
do submit and yield all due Obedience to the Laws and 



44n NKW .IKK>KV ('(il.oMAI. I x h I M KNI >. | 1683 

(i(nL'iiiiiieiit of tlic said ( ii'antc'fs, their llciie and Assi>^ii.s, 
as absolute Proin-ietors and Governoiirs thereof (wlio have 
the i?ohi Power and Klii^ht derived under Ills lloyal JliLrli- 
ness from His said Majestv, to Settle and Dispose of the 
said Province upon sueli Terms and Conditions as t(» tliein 
shall seem meet) and also to their Deputy or i)i'j)utie8, 
Agents, Lieutenants, and Officers lawfully C'ommissionated 
by them, aecordino- to the Powers and Authoi'ities i!;ranted 
to tlu'iii : And of this His Majesties Royal Will and 
Pleasuiv, the Governour and Council is Pe(|uired to iiive 
[)ubli(;-k notice ; His Majesty e\])ecting and Recjuiring 
foi'thwitli a diu* Com[)liaiice with this 11 is lloyal Will 
and Pleasure from all persons, as well without the Prov- 
ince as within the same (whom these Pi'esonts do or may 
concern) as they Avill answer the contrary thereof at theii- 
])eiMl. 

Given at the Court at Whiteliall the 2.'5d day of 

November 1083. In the Five and thirtieth Year of 

His Majesties Tieign. 

By His Majesties Conimaiul 

Sl■^T)EELA^"I) 

To the Govei-ii<»iir and Council of East New Jersey 
f(»r tile time being, and to the Planters, Inhab- 
itants, and all otbcis coni-crnod in the said 
i*i'ovinc('. 



in the 3:.th year of his Majesties ueign, ]\ran-h 14. 1»'.82. 
His Ro^'al Highness gi-anteil and confirmed the said Pi"ov- 
ince of East-Xkav-Jkuskv to James Earl of J*erth and 
others to the Nund)er of Twenty four Grantees as Pro- 
prietors thereof; witli all Islands, l!ays. Rivers, AVaters, 
Forts, Mines, Minerals, (Quarries, Royalties Franchises, 
and Appurtenances M-hatsoever to the same belonging or 
in any wise appertaining, and all his Estate, Title, Interest, 
Reversion, Remainder, Claim and Demand whatsoever, 
as well in Law, as in Equity, of, in, unto, or out of the 



168B] CHAKr.KS ri. to (;o\i:k.\ok and coirxoiL. 4-H 

same or any part or 2)arcel of the same. As also the free 
use of all Bays, Rivers, and Waters, leading nnto or lying 
between the said Premises or any of them, in the said 
parts of East-Neav-Jeksky for Navigation, Free Trade, 
Fishing, or otherAvise, together with all and every sneh 
and the same Powers, Authorities, Jurisdictions, (Toverii- 
ments, and other Matters and Things whatsoever, which 
by the said respective recited Letters Patents, or either of 
them, are or were ^ranted, or intended to be g-ranted, to 
be exercised by his said Royal Highness, his Heirs and 
Assigns, Deputies, Ofiicers. Agents, &c. To be enjoyed, 
exercised, and executed by the said Grantees, Pro])rietors 
of the said Province of East-New-Jersey for the time 
being, their Heirs and Assigns for ever, as fully and 
amply to all Intents, Constructions, and Purposes, as his 
said Royal Highness or his Heirs, might, could, or ought 
to hold, enjoy, use, exercise or execute the same, by force 
and virtue of the said several and respective before recited 
Letters Patents, or either of them, or of any thing in 
them, or either or any of them contained, or otherwise 
howsoever. 

God save the King. 



T/ie Proprietors of East Jersey, in 1683. 

[From Public Kecord Office, Loudon. 1 

The Names of the present Proprietors of the Province 
of East-New- Jersey ^ Are, as follows, Viz. 

James, Earl of Perth, Lord Justice Geiu^ral for tlie 

Kingdom of Scotland. 
John Drummond of Londine Tivasurer L)ei)uty for the 

said Kingdom. 
Sir George Meckenzie of Tarbet Clerk to his ]\fajes- 

ties Register and Rolls in the said Kingdom. 
Robert Barclay, David Barclay Junior of Ury 

Esquires. 

1 No date. The foregoing letter was printed for cii-culation, and this document 
■was appended thereto. Eu. 



442 NKW .IF.USEV roT.ONrAL DOCUMENTS. [1CS3 

lioiiKiM' Gordon of Cliiiiic K^(| ; 
lioiiKKT BruNKi- Gent. 
1'ktkr Sonmans etc. Gent. 
W 1 1. F.I AM Penn Escj ; 

'I'lloMAS RUDDIAR | Ivl hVAUh] 
Rk'HAKD ]\rR\V j 

Thomas Hart - Mercliaiits. 

Jame.s ]]raine j 

Clement Plumstead Giti/.en and Draper of London. 

Tho. Cooper Citizen and ]\rei"<'liant Taylor of I.ond(tJi. 

Gawen Lawrie ]\[er<'liant. 

Edward ]>yi,lynge Gent. 

AViLLiAM Gibson Citizen and HalKM-dasluT of London. 

Thomas Barker ) ,, , 

^,r -r» ,- JNlei-cliants. 

Walter Isenthall \ 

TtOHERT Turner ) of J)nblin 

Thomas Warne \ ]\[ei'clianrs 

Thomas Cox Gent. 

and 

William Dockwra of J.oiidoii Merdiant. 

Here follows the IJound'* of the said Pro\'inct\ and its 
A|)j)nrtenan('es, -with the Nature of the Title of His Royal 
lli^'hness's Grant and Contirniation to Twenty foui' Pro- 
prietors, their Heirs and Assii^ns forever. Viz. 

''pilK Kinijs Majesty hy his Letters Patents in the IHth 
^ and 2»!th (d" his lu'ii;-n did give and grant to his 
Dearest Prothei- James Dnke of Yoi-k, his Heirs and 
Assigns for ever, among other things therein mentioned, 
All that Tract of Land adjacent to New-England in 
Anicrica and lying and being to the Westward of Long- 
Island, and iSLiidiattas-Island, and honnded on the East 
jtart hy the Main Sea, and part hy Hudsons Ri\'ei\ and 
hath ii|)on the West Delaware Hay or River, and extend- 
eth Sonthward to the Main Ocean as far as Cape May at 
the Month of Delaware Bay; and to the Northward, as 



1683] NAMES OF EAST .lERSEY PROPRIETORS. 44?> 

far as the Northermost Branoh of the said Bay or River 
of Delaware, wliich is in 41 Degrees and 40 Minutes of 
Latitude, and crossing over thence in a straight line to 
Hudsons River in 41 Degrees of Latitude ; which said 
Tract of Land and premises was then called Nova Ctesaria 
or New- Jersey, with all the Lands Islands, Soils, Rivers, 
Harbours, Mines, Minerals, Quarries, Woods, Marshes, 
Waters Lakes, Fishings, Hawkings, Huntings, Fowlings, 
and all other Royalties, Profits, Commodities and Here- 
ditaments unto the said Premises belonging and apper- 
taining, or to belong or appertain, with their and every of 
their Appurtenances. 

His Royal Highness James Duke of York in the said 
16th and 26th Years of His Majesties Reign, granted the 
Premises to John Lord Berkley of Stratton, and Sir 
Geoi'ge Carteret Knight and Bai-onet both of His Majes- 
ties most Honourable Privy Council, and to their Heirs 
and Assigns for ever. 

The Assigns of the Lord Berkley made Agreement with 
Sir George Carteret in the 28th Year of His Majesties 
Reign for Partition of the said Tract of Land and premises, 
to be by a strait and direct line drawn tliorow the said 
Tract of Land from the North partition point to the South 
partition point ; the Eastern ly part, share, or portion there- 
of falling to Sir George Carteret, and was agreed to be 
called East-New-Jersey : the which was assigned in the 
24th year of His Majesties Reign to several persons by 
John Earl of Bath and other Trustees of Sir George Car- 
teret deceased, by the consent and direction of Dame 
Elizabeth Carteret his Relict and Execnti-ix, Szc. 



Ailditioiiiil Provifitons to Conxfifntioii of Knxi Jtrsey. 

[From "Grauts and ("oix-cgnioiis," p. 179. | 

Proviso and addition to the Fundamental Consti- 
tutions. 
Whereas We the Governor and Proprietors of Jiast 



44-1: NKW .IKk^^KV COl.oMAr. I >( •ttMKN-|S. [IfiS;^, 

y^', ir-.Jrr-s< 1/ ill A III' rtfii, huvc agrt'L'<l tu ;i Scheiiie and 
Form III" Fiiii(laiii('iitiil Constitutions tor Government, 
i^reatly tending- to tlie Benefit and Advantage of the 
IManters and Inliabitants of tlie said Province, wherein 
we liave coiiceeded divers Priviledj^es to tliem, and given 
them Cominunieation of Part of the Powers we stand 
seized in ; AVc have seen meet for good and weiglity 
Considerations as a fnrtlier Signification and Exj)lination 
of our Intentions therein, to declare that we intend n(»t 
(neitlier will we) that tlie said Scheme of Government he 
proposed oi" yielded to any Person or Persons hut such 
as shall plant or coiiic to he Inhabitants in the said Prov- 
ince niuk'r ns, and by \ ii'tue of Deeds or (Grants from us, 
or our Agents, after our })i'esent De]mty Gaicn Ijnonj 
is arrived and settli'd tliere : But we do not yield them to 
such as have been or are Inlial)itants of the said Province 
before his arrival ; yet nevertheless as we are most will- 
ing to approve oui'selves both just and kind to the former 
Planters and Inhabitants, we dechire and offer unto them 
the Benefit of the said Fundamental Constitutions, under 
the Limitations and Conditions after following and no 
otherwise. 

T 

That the (irants and Patents of all Planters and Inhabit- 
ants in tlie said Province, by which they claim to hold 
any Pand in the same, be first viewVl and examin'd by 
our l)ei)uty for the Time being, and the major Pai't of the 
I'roprietors that come personally on the IMace (who are 
n(»t exi'inpted in the twelfth Article of tlie said C\»nstitu- 
tions from ])ublick Trust) and be a])proved by tliem as 
justly and legally obtainM ; and that if it be iiitiuiri'd int(> 
and found by them (or siu-li as they shall appoint) tliat 
their J^ands, as to the ^«' umber of Acres, do agi-ee with and 
not exceed their respective (irants and Patents; and that 
our Sevenths be retain'd accoi'ding to the old Ct)ncessions ; 
and that all legal Titlcjs and Grants whatsoever formerly 
obtained, and that shall hereafter be obtained, be entered 



1683] ADDITIONAL REVISIONS TO CONSTITUTION. 445 

in the new Register for Confirmation by the present Pro- 
prietors never to be questioned for Time to come, to the 
End there may be perfect Peace and Settlement of every 
Man's Title in the l^rovince. 

11 

That they give him and them Satisfaction as to tlie 
Arrearages of Quit I^ents owing by them, to wliich we 
have just Right, or satisfy him or them for the same, by 
surrendering back such Part of their Lands (to w^iich they 
have good Title,) as shall be to the Value of such Quit 
Rents as they owe. 

HI 

That they settle with him as to the punctual Payment 
of Quit-Rents for all Time coming : But that no more 
Land than what does appear upon the Re-survey due to 
any Man (reasonable Commonage excepted) be continued, 
tho' he would pay the Quit-Rent, but that it be taken into 
the Proprietors Possession. 

IV. 

That they agree in the General Assembly or Great 
Council, to pass an Act for constant Support of the Gov- 
ernment and defraying the publick and necessary Charges. 

But in case all or any of them j^rove obstinate and 
refractory in these Particulai's, we will and require our 
Deputy Governor to rule such as can justly claim to the 
former Concessions granted by Sir 0<'orge C<irt<r('t^ accord- 
ing to them, and to recover our Rights that are due from 
them : And for others that do not readily compl}^ with 
these Conditions, that he Rule them according to the full 
extent of the I^ower and Authority granted to us. as he 
will be answerable. 

Nevertheless in Case the said Planters and Inhabitants 
are willing to make a fair and honest Compliance with 
our just Demands, to the End that the Settlement with 
them may not be retarded by our being at a distance, we 
hereby grant to our Deputy, jointly with tlu' Major Pai-( 



446 NEW JERSEY COLONIAL IxkUMENTS. [1683 

of the Pntprictors, (that c-oiiic perM»iially on the TMace) 
not exce])tofl as aforesaid, our full and free Power to settle 
and conclude witli the said Phiiiters and lidiabitants, or 
any of them, u})(>ii siidi 'i'ernis as tlicy shall judge most 
e<|ual to them, an<l ('(uix cnient for our just Interest; and 
to distinguish such o\' theui as he and they shall find very 
deserving in ])romoting the l'roi)rietors just Interest, by 
particular Marks of Favour and better Allowance to them 
than others ; ami that all such may be madi' partakers of 
the Benetits and Advantages ])roposed in the said Con- 
stitutions, but none other ; Only we do not allow any 
Agreement to be made for selling of the (^uit-Kents to 
any, until we be further acquainted, ami that wt.' send our 
more particidar Orders tliereu})on. In AVitness whereof 
we have subscribed this in Srotldml the T( ntJi of Decenh- 
her 1688, and at London the <>n< and Tirt ni'ofh Day of 
Decetnhcr 1683, and thereto athxed the Seal of the Prov- 
ince for its further Sanction. 

PiilrcJillJ. PciiJi. h'olx I'f (ior<lon. h'nJulrtl ^/i II'. 

TJioiiHUi Cod'. Thoinux I /((it. '/iditis lirinni. Hohti't 
Hiirni't. Th(»iii(s (/ooj^r. Ihniho. (iihsmi. WlJIiaiii. 
Gihfton. Clenunt PJuiiixtmiK ^V'llJ'niiii /><K'ktrr<u and 
Proxv for l)rii uiinonil . lltoiinis I»(i !■},■< r. and Pi"n.\y for 

A lllfu'OK( Ik HjlJ. 

To (imcn Liiiri'K., l>e[)uty (ioNcrnor, and to the rest of 
the Proi)rietors who are of the Ouuncil in Kaxt Xini 

Jil'KilJ. 

From ihi Pro/>ri< fill's fo P'juifi/ ( ioi'i fiior Ldii'i'n: und 

( 'nil nril . 
I Kioiii " IJiaiits ami roiici'ssions,' ji. 1,<1.J 

(ruwu Laivru., ami fellow l*i'(>})iiet()rs in Council. 

AVk have seen and considered the Letters brought us 
from host ,Ii r.si ij by John Jiarrlin/^ from Tlioiiois Itud- 
ijiiril and Sannui (i roonu\^ and thu' we doubt not of thy 



1(>84] PROPRIETORS TO LAWRIE AND COUNCIL, 447 

Prudence and Discretion in tlie right Management of our 
Affairs, yet for thy further Ease and Assistance, we have 
thought n)eet n])on those to add wliat is hereafter, unto 
the foi'iner Instructions given thee. 

We are very sensible of Sionnd Grooiiies honesty and 
fidelity to our Interest, and therefore cannot but very well 
approve of his Procedings, both in his care in seeking out 
and discovering the best Land, and surveying it out for 
our Pse ; for his endeavours to clear it of the Indian 
Incumbrances, and for his refusing to comply with the 
particular Interest of any there, by accommodating them 
with Lands (or others at their Desire) to our general 
Prejudice ; and this w^e are willing to be signified to him in 
our Name ; and we wish there may a Way be found where- 
by he may still continne to be concern'd with ns : And 
tho' we are not willing to let Thomas RKclya/'d want his 
due acknowledgment for his good Service done in resist- 
ing and cnrbing the tumultuons Spirits there, and for his 
Care of his own and our Concerns, in that respect, yet we 
wholy disapprove his offering to put another Surveyor 
over Samuel Groonie, and we will not that any such Grant 
of Land as having been yielded by Tliomas liudijunl 
after this Manner, and not survey'd by Samnel Gi'ooine^ 
be good and valid, but declare them to be void, as being 
done without our Knowledge and against our Interest ; 
for we will never consent to such a preparative, that the 
Governor and Council there shall dispose of our Land 
there upon what Terms, and to whom they seem meet, 
without the Consent of the greater Number of the Pro- 
prietors or their Proxies, 

And as to Thomas Rudi/ai'd's Objections upon this 
Point, that it is to the Detriment of the Province, for that 
Peoj^le have not Land to settle upon who are willing to 
come and dwell there, whereas in other Provinces several 
Thousands are (juickly accomnutdated, and have Land laid 
out to them. We Answi^r, that t(» avoid tliis difficulty we 
had proposed a \ery good way {to t/u'f) that Ten Tluuisand 



448 np:w jersey cor.oNiAr, porcMENxs. [1684 

Acres of the best and timst conxeiiicnt J.aiid .sliould be 
laid out for t-ach J^i'<ij)i'ii'tui- tiivt of all. and then let biich 
as are there grant out of that Land as they please and can 
agree, to such as oifer there to plant, and leave others to 
follow such Methods for the improving of theirs, as they 
see most convenient; and thus all Occasion of differences 
may be avoided, and not one encroach upon another, and 
those that come there to plant not want a Settlement : Nor 
do we see any difficulty in this Matter of the Ten Thou- 
sand Acres, seeing to facilitate the same, we gave Order, 
that whenever any Tract oi Land were fonnd out and 
survey'd for the Proprietors use, it might be cast in three 
Lots whether it be Twelve, Eighteen or Twenty-four or 
Thirty Thousand Acres, less or more; and the one Third 
cast together under the Name of tlie Scoff.s Pro])rietors, 
who will take care of the ordering the Sub-divisions there- 
of, by jn-ivate and particular Orders to their own Agents 
and Overseers: And have also sent over John IivId {ixnd 
if he be found capable) a good Surveyor to make their 
particular sub-divided Surveys, after the Total is survey \l 
by the general Surveyor. And now we are of the Mind 
that for the more facilitating of this, when any Tract of 
Land is set out for the Proprietors in order to the making 
up of the Ten Thousand Acres above mentioned, it may 
be cast not in three ; but in two Lots, seeing the 6'cofs, 
with those that are concerned with them, (are resolved to 
follow that Method) may make uj) the one half, or ]>roba- 
bly will e'er this come to be put in Practice, being already 
1 Pi'i-th, 12 L(in<h/y ?i Barvhui^ 4 Jhinut, 5 7i'. Gordon^ 
whereof (r. L. hath the half, ('» (r<(ini Lawrie^ which 
belongs to Arent Sonniaii\s Children. 7 Ai'tnit Sonnian^, 
now belonging to his Son, 8 Barthoiiuti' G'thson., 9 JMmd 
Hni'daij^ 10 Willi It III Dorl'trm, 11 the half of llkhai'd 
j1/t'M' belonging Xo./a/in Ildncucl, AVidow .Vo/^///(//?,v Ib'other ; 
so that we doubt not but the one half may be reckoned 
upon, and thei'i'foi-e we oi'dcn-, that the Tracts of Land 
survexM out for the I'l-oprietors may from time to rime 



1684] PROPRIETORS TO LAWRIE AND COUNCIL. 449 

be cast in two Lots, the one called the Scots Lot, and of 
that we will take care, for such of ns as are therein con- 
cerned will not consent (as yet) our Shares thereof to be 
sold, or set out at two Pence, nay not at four Pence, one 
Acre ; since we have proposed other Methods to ourselves, 
and have a Prospect of turning it to a better Account ; 
and yet those may follow their own Way out of the other 
Part allotted for them, Avho think it their Advantage to 
set out Land at two F^ence per Acre, or sell it off to such 
as are coming there and offer to plant : Neither do such 
of us as are otherwise minded, intend to set our Land to 
lye unimprov'd, but hope to have it speedily planted, as 
by a Cargo nine Hundred and Fifty Acres sent lately 
from Scotland may appear.^ And to the End there may 
be no Jealousy of design or unequal dealing, we give 
this positive order, that no Tract of Land above Forty- 
eight Thousand Acres be set out in two Lotts, viz. Twenty 
four Thousand Acres each, which will make tM'o Thou- 
sand Acres for a Propriety, and that the next Tract or 
neighbouring Land on the English Side, be appointed for 
the Scots Lot ; and the next Tract or neighbouring Land 
to the Scots Side, be appointed for the English Lot, and 
so toties qtiotis, as Land is set out for the Proprietors : We 
propose the same Methods of casting in two, as to the 
Lots of Aniboy (now Peiih) Town, cast by Sdiuvel Grooine^ 
nor see we any ditticulty in getting it quickly to advance, 
after this manner, as Thomus Rudyard, seems to judge 
in his Letter, for there is herewith, Orders sent, and a 
Fund ])roposed for the building Twent}'^ four Houses, 
which is a good beginning, and some other Persons who 
have Lots, from tlie Scots Proprietors, intend to build 
some Houses also ; wliich will accommodate such as incline 
to come for a begining. And if by that Scheme, which 
is come over, the Lotts can be distinguish'd and the one 
Half, viz. every other Lot, 1, 3, 5, 7. 2, 4, 6. 8, and so 

J So ia tlie teford, 



450 NKW .IKKtiKV COF.ONfAr, 1 )( KIMENTS. [1684- 

OIK' 1»C' iillotred tlic Sc'i)t> ill iiiaimor as aliove. it iiiav be 
easy l)v an Alplialti-t or Hiijiin-. presently tu (listiutjjiiisli 
the six I^utts l»el(tiii;iiiii' to each Proprietor, which we 
denire may be done and sent over with all expedition, for 
that would ii'i\e ii;reat Satisfaction liere. And such as 
liave Suhdivisimis under ]tarticuhar Pntprietors, woidd sec 
wliere their Sliare lies, and then ii'ive Orders to Ihiild 
npoji them, and dthers would purchase Shai'es. so that we 
douht not (^this metliod l)eini>; followed) but it would (piick- 
ly go forward, so tliat we see no necessity, neither are we 
\\dllin<; to give Letts away, or at an under Kate, to the 
spoiling of that Reputation Mhich wc have been Instru- 
mental to get in Peoples minds, to the Advantage of tlie 
Colony in genci'al and that s])ott in particular, u])()n the 
Informations formerly received. 

If so be also, there could be an exact Map of the Conn- 
try sent over, wlu-rein these particular Tracts set out or to 
he set out, to the Pro})rietors, may be marked with the 
number of Acres they consist of, and the Division in two 
halves, (above desired) distinguished, it would greatly con- 
tribute to satisfy many, who are desirous to ])urcliase ; 
and tho' this did jirolong the Time of planting at ])resent, 
yet it would afterwards more speedily and advantageously 
advaiH.-e it ; and since those presently inclined to IMaiit, 
may by Grants out of the ]n»rticular Shares, (or others 
who arc tliere) be accommodated, we see not how we 
injure them by it, and we hope they will be more weary 
than to dispose of our Interest against our AVills. 

For the Indian |)urchase, we shall wish it may go on. 
and tho' Thoiii(ii< Itinh/drd, says the Proceeding therein 
will exceed our Cargo which is there, yet we are st> desir- 
mis of it that wc are willing (so far as comes to our Share) 
that (iiiirn Linrrii |)urcliase it with the consent of the 
Major Part (»f the Proi)rictors on the Place, and draw 
upon us for it, and we shall answer it, ch. that it be not 
|)urchased for any particular account, but on the joint 
account of all the I'roprietors and nor otlier\vise. It is to 



1681] PROPKIETOKS TO LAWRIE AND COUNCIL. 451 

be minded that in our Iiistrnctions sent with G. Lavyrie^ 
we signified our unwillingness to eontirni fully the Acts 
lately passed and sent over to us, but this must not be 
understood of them all, especially that whereby the late 
illegal Grants, voided by the Assembly, and passed by 
Vicears [ Viccars]. 

As to the Tenth Article of our Instructions given to 
G. Lavnne, we appoint that the joint assistance, and con- 
sent of the Major Part of the Proprietors on the Place be 
added to him, to act in the Business of that Article. 

It is not to be forgotton, that as soon as can be Weekly 
Markets and Fairs, at lit Seasons be appointed at Perth 
Town, and that care be taken that Goods be not exported 
to JSfevj-Yorh, or other Places, but all be brought to Perth, 
as the chief Staple, and that a Charter, with all necessary 
Priviledges and Jurisdictions, be forthwith granted to tliat 
Corporation, to encourage People to settle there. 

Barclay for himself, and Itohert Gordon. Pobert Bur- 
vet. Bartholomew Glhson. Perth. Clement Phimstead, 
per Bohert Turner. J. Druinmond. Thomas Cox. Wil- 
liam Glhson. Thomas Hart. Thomas Cooper. Thomas 
Barler. Blehard Jlevj. Ambrose Rigg. William Dock- 
\i:ra. London^ Second of Janitary 1683.* 

Deputy Governor Lawrie, our Governor Barclay, de- 
sires thou mayest know, that this last Month of Decemher 
1683, Sir John Gordon, of Edinhirgh, hath purchased 
half a Propriety of Thomas Cooper ; and Robert Burnett, 
of Edinhurgh, hath purchased half a Propriety of Clement 
Plumstead, both which they have conveyed, and the Deeds 
Sealed accordingly, which does make the better half now, 
and to explain the figures within, in Words at length, they 
are Forty eight Thousand, Twenty Four Thousand, Two 

Thousand for one Propriety. 

W. O. [W. D. ?] 

1 ltiK!-4. 



452 NEW JKRSEr CUL(»MAf. DOCUMENTS. [1684: 



A'Ji'ti iiK lit Iki xpicii ml till J (i],ni<j f 2> i;f IaI.ikI lit J'M-st 

J( rs, ij. 

I Kroiii •• Gniuts iuiil ConcessiouH," p. 1**.| 

ALTiccinciit of tlic Pi'0]>riet()i-s about takiiiLT n]> Land. 

We tlic Governor and Proprietors of tlie Province of 
East Neu'-JerHt'ij^ beinjj^ desirous to give all due encourage- 
ment to every one that purchases from ns of that Colony, 
and do desire to settle there and improve their Landt«. 
having formerly resolved and given Orders, that Ten 
Thousand Acres in the l)est and most convenient Places 
of the said I^rovince, l)e with all convenient speed set out 
for each i'ropriety, do hereby further declare and agree, 
that whoever has purchased any Share or Part of a Pro- 
priety, and goes over, or sends Servants to settle n})on it. 
shall have a competent ^"nmbei" of Acres set out to him 
or thetn, lying together in the iirst Tracts of Land, sur- 
veyed or to be surveyed for the use of that Pro})rietor, 
of whom he ])urchases. Pdovided such ((uantity of Acres, 
do not exceed the number hereaftei' specified, and that 
they be granted by Warrants, limitted and expressed in 
the manner following, that is to say, all who has pur- 
chased one Twentieth i*art, may have Five ILuuh-ed 
Acres in one Tract lying together, and the Warrant shall 
bear this ex])ress (Mause, that it is in full of his Propoi'tioii 
of the tii'st 'i'en Thousand Acivs, to be set out to each 
Proprietic. and he who has a Tenth, may take np also 
Five Hundred Acres, but no more at first, and his War- 
rant shall ex})ress it in full, of half of his Proi)ortion of 
the first Ten Tliousantl Acrt's aforesaid; and if an}' have 
less than one Twentieth, he shall ha\"e as much together 
as his Shai'e of the first Ten Tliousand Acres amount to, 
but no nuire, and it shall be expressed also in full of his 
Proj)ortion of the said first Ten Thousand Acres; and 
where any such small jnii-chasers (Agoing or sending o\cr 
to settle a I'amilyi has his full Proj)ortion. he shall have 



1684] RKnULATIONii FOU TAKINO Ul' LAND. 453 

no further Lands, nntil tlie i*roi)rietor of wliom lie l)onii;lit, 
have tlie full remainder of his Ten Thousand Acres set out 
to him; and that there be ;i new Division, unless in such 
case wherein anv Pro]>riet(>r who shall have sold one or 
more small Parts of his i^roj^ricty, shall neglect to settle 
Families and Servants on the rest of his Lands unsold, so 
long as until the small ])urchasers under him, have well 
])lanted and improved theii- Land set out to them, at their 
first settling, as their Part of the tirst Ten Thousand Acres, 
and that they desire more Land to settle, cultivate and 
improve ; in such case, such small purchasers, shall have 
the like quantity of Land as at tirst set out together in one 
Tract, out of the remainder of the first Ten Thousand 
Acres surveyed, or Part of those Lands belonging to that 
Proprietor of whom he purchased, and so to a third and 
fourth Division, in favour, and for accommodation, to 
every such small purchaser, as shall from Time to Time, 
liave well planted and improved the Lands they settled 
on, when the J^roprietor who sells to him shall let his 
Land Ive unsettled and unimproved, it being most reasona- 
ble that those who do let their Lands lye neglected, and 
make no Improvement, should have their Shares left to 
be made up in after Divisions, nevertheless it is to be 
understood that what Lands shall from Time to Time, be 
so let out to such small purchasers that settle and improve, 
shall be account as Part of their dividend, of their Pro- 
portional Share of the Province. 

And it is also hereby declared and agreed, that this 
Listrument, with the concurrence of the Governor, shall 
be of good Authority to the Deputy Governor and Coun- 
cil, who is allow'd to give Warrants according to the lleso- 
lution, for the Encouragement of all purchasers who shall 
trans]H)rt their Families or Servants to settle in the said 
Province, which will ])romote the General Advantage 
thereof, and for the better Publication and fuller confirma- 
tion of this Listrument, the Governor and Proprietors 
have hereunto set their Hands, and have Ordered the same 



4o4 NKW JEKSKV COJ.ONIAI. DucLMKNTS. [1084 

to be llt'ijistered in London^ as also in Scotland, and J'Mst 
Jersey, and to have tlie Seal of the Province fixed thereto, 
for its further Sanction. Subscribed in London, the Tn-fn- 
tieth Day of Fehrudry, in Scotland, the Ta>ntij Sinth 
Day of tiie same Month, and in Kast JerHCu the Fourth 
Day of October, in the Sir aiid TJi'ni'ieth Year of King 
Charles the Second, Anno Domniini, 1683-4. 

Barclay. Robert Burnett. Gaiven Laicro'. Perth. 
Barclay, for liohcrt (rordon. Thomas Cktoper. Iiichard 
Mew. Thomas Barker. Walter Benthall. J. Drurn- 
niond. Wdliarn Gibson. Clement Plumstead. W'dllant 
Dockicra, and Pi'oxie for Thomas Hart. 



From the Proprietors of East Jersey to th> Planti r.^. 

[From " Grants :iud Coiici'.ssii)n!','' p. !;<•'. 1 

Robert Barclay, (Toveriior .-iiid one of the Pi-o- 
prietors of the Province of East New-Jersey, 
and the otlier Proprietors tliereof, unto tlie 
Planters and Inliabitants of the said Province, 
sendeth Greeting. 

Soon after it pleased the Almighty (iod, by his Provi- 
dence, to nudce it our Lot, to iuive the Interest of that 
Province, we esteemed it our Duty to be much concerned 
in taking due Care of tlie Affairs thereof, and accordingl}' 
we sent over two of our Number in October 1082, with 
Instructions and a Declaration to you of our just and 
honest Intentions. 

Since that time havin.u: received I)oth full Information 
from theui, and divers ways coming to understand more 
fully the State and Condition of things there. We are 
capable to make a more perfect .ludgment of our Interest 
and of your Circumstances in Kelation to us, and have 
therefore for the better settlinir both the one and the 



1(»S4] LETTER TO THE I'LANTKRS IX EAST JERSEY. 455 

otlier, sent over Gaum Lmrrlc,^ (one of our fellow Proprie- 
toi's) who we hope is l)efore tliis Time with you, under tJie 
Cliaractei- of our Deputy (Tovernor, in whose understand- 
ing and honesty we re])ose full confidence, and with whom, 
as we have sent full Instructions and Memorials towards 
the putting all Things in good Order, so we expect a 
suitable complyance, on your Parts, to our Proposals made, 
or to be made, by him, to whom we have given Credentials 
for that end, in the most ample manner. 

But we must be plain to accjuaint you, that we were 
not a little ti-oubled, to find that there are too many dis- 
satisfied and self-ended Persons, among you whose indirect 
designs did quickly appear in seeking to subvert our just 
Interest, that they might advance their own unwarrantable 
Pretences, who we hope are in some Measure rebuked by 
the disappointment of their vain Expectations of the in- 
validity of our Right and Title to the Government. The 
clear Demonstration of the contrary, as it will encourage 
the more honest and sincere, so it \\\\\ teach others to 
mind their duty better for Time to come, and bring them 
to be better acquainted with us than some of them seem'd 
to be, when they considered us as Strangers and Persons 
unknown to them ; but however, they may esteem us as 
such, we resolve not to be so foreign to our Interest there, 
but that we shall make it manifest, that Distance of Place 

1 The name of Gawex Lawisie is first met witli, in the history of Kew Jersey, in 
connection with those of William Penii and Xicholas Lucas, as one of the assignees of 
Kdwartl Bvllynge. Lawrie was one of his creditors, and the management of his affairs 
probably led him to embark, with I'enn and others, in the East .Jersey enterprise. As 
will he seen on page Ho, his commission as Deputy Governor of East Jersey was 
issued in July, 1683 : and shortly afterward he sailed for the Province, and took up his 
residence at Elizabethtown. The first business reijuiring his attention was the estab- 
lishment of the seat of Government, in conformity with the view.s of the Proprietors, 
at Amboy Point, Avhich,' in a publication the preceding year, they had introduced to 
the world as "a sweet, whole.some and delightful place," and early in 1684 he had it 
laid out into lots, conferred upon it the name of I'Kurn, and established a ferry-boat 
between it and If ew York. Although he appears to have manifested gi-eat interest iu 
the Government of the Province, he failed to secure the favor of the Proprietors, and 
was superseded in 1686. He brought with him to Ea.st Jersey his wife (Mary) and 
lumily ; one son — ./aiittii, whose daughter, Isabella, married AVilliam Davis, of New 
Vork — and two daughters ; Mar;/ became the wife of William Haige, and Rebecca mar- 
ried Miles Forster. Lawrie died at Elizabethtown in the Autumn of 1687. See " East 
Jersey Under the Proprietary Governments," pp. lUd, fl", Hi. Eu. 



450 NEW JKKSKV COLONIAL DOCLMENTS. [1684 

shall not hinder us from such a narrow search and inspec- 
tion into our coTicerns, that those who think eitlier to pos- 
sess our Lands hy unreasonable claims, or any ways to 
conceal them from us, will tind themselves much mistaken. 

And it cannot but manifestly appear, to all such that 
love the Interest of that Colony, that those that went abont 
to ])ro])agate any Pretence, to oppose or weaken our Right 
and Title, could not be esteemed Friends, either to the 
Proprietors, or to the true Interest of their honest and 
well meaning Neighbours in our Country, since that was 
the way to expose the whole to be a prey to others as 
formerly it has been, but we hope by the Assistance of 
God, and the King's Justice and Favour towards us, so to 
prevent such J*ractices for the future, that all People 
residing in the said Province, (or any way concerned there- 
in) may rest in full Assurance of being protected in all 
their just Rights and Priviledges, and to receive all due 
Encouragement from the Proprietors. 

And as we have taken all just Care in those Matters, 
that yon may reap much benefit thereby, so we do rea- 
sonably expect a due Sulmiission on your Farts, to our 
just Rights, and to the Kings Letter consequential there- 
unto, which before this Time will be with you. 

We have seen and considered your Addresses made to 
some of our Number uj)on their Arrival, and hope that in 
a great Measure your desires therein are answered, as to 
what relates to the former Oppression you have been 
under, either from your Neighbours, or those who have 
heretofore goverrfd you. But we tind you lay that Stress 
upon your purchase from the Jndians which it will never 
bear, for we would have you informed, that thereby 3'ou 
have acquired no Right but what is duly confirmed by 
us, or our legal Predecessors, unless you would renounce 
all Interest and Protection from the King of England^ 
and so Subject your all to a just forfeiture, but w^e will 
not now descend into particulars, having given our Deputy 
full Instructions in all these Things, only we would have 



1684J SIR JOHN WEHDEN TO OOVKRNOll t)0^rGAN. 4:57 

you know that we have sent over bv him, such a Scheme 
of Government, of whieli we may say without vanity, it 
is both just and kind to every Inhabitant in the Province, 
the Benefits wliereof you may partake off, provided (as it 
is our desire) you may deserve it by being no less just to 
us than we are ready to be kind to you, so Wishing you 
and your concerns all gc^od Success, we commit you to the 
Protection of the Almighty and are your real Friends. 

Barclay. Perth. Drummond. Geo. MeKinzle. Peter 
Sonmans. Po. Burnett. Wm. Gihsmi. Barclay^ for 
Po. Gordon. Wm. Dockiora^ and Proxy for Thomas 
Hart. Walter Benthall. Thomafi Coojper. Thoman Bar- 
her. Clement Phimi^tead. 

Given under onr Seal of our Province in London, Feh- 
ruary Twenty nine, 1683-4. 



Letter from. Sir John Werden to Governor Dongan. 

[From "New York Colonial Documents, " Vol. III., p. 341.] 

Sir \^E.ctraet:\ S* James's 10"' March (8^) 

The Comm'** are unanimous in it, that no 

land beyond the bounds of E and West Jersey (betwixt 
the Rivers) ought to be separated from yo"" governem'^ upon 
any termes, and y* you should use great care to hinder 
M'' Pen and the inhabit^" of both Jerseys from obstructing 
y*" Peltry trade of Kew York, and y*^ in ord"" to y^ you 
should prevent all you can the uniteing of any part of 
either Jersey with Mr Pen (who as you observe) is very 

intent on his owne interest in those parts 

Yours, &c 




For the HoN«^ Co^^ Dongan His E" H^ Lieu' and Gov-- of 
]Sew Yorke & its Dependancyes. 



458 Ni:W .IKIISKV ("oI.nXIAI. In XlMKNTS. [lOS-A 



Fmlli KlIKJ Cjiilrh-^ II. In l\llir,li(l Jil/lh/IHIi. 

I Kroiii l.oiKliui riilili<- liiMMJid oilicc. '■ America and West Iiiilics," I'laiit. (Jen., 
Cdloiiiiil Kiit:y Book No. iKt.j 

'\\) ( )iii' iVc. Kdw.mm) JJii.Lixu (u'lit' ( ioxcriioiir of oui- 
l'i()\iiice (tf West New Jersey, iiiii.l to the (ioveniour 
thereof for tlie time being 
Trusty I'cc Whekkas We are informed of oreat dis- 
orders and depredations daily committed to tlie prejndiee 
of Our Allies coiitrarv to Treatise between I's, and the 
good Corres])on(lence that ought to l)e maintained l»etween 
(,'iiristian Princes and States ; and We having already 
given strict Older in ( )ni- Island of . Jamaica against such 
illegal! ])roceedings, by passing a J.aw for restraining and 
punishing J*rivateers A: Pirats; Our Will A: Pleasure is, 
that you take cai-e tliat such a Law (a Copy Avhereof is 
herewith sent you) be passed within Our Colony, whereof 
you are Governoui- which you are to certify to Is by the 
first opportunity. .Vnd so Arc Given &c NeM'markett the 
IS**" day of March 168^^ in the Six ^- thirtieth ycare of Our 
Keigne. 

V>\ his Maj'"'" coiiiiiiand 

SUNDKRI.AXI) 

}*nK-eedin<jx of o C<iiin<-iL d J'ort Jiitm.\, on Ind'nin 

I From 11 eeitilied Co|>\ in tlie l.ilirary ol' the New .Jerney Histoiii-al Sotiety : rapei!* 
of K. J. Paris, "A," p (il.| 

At a ('..r\( il ludd at Fort ,I:i;iies Aj.rill !>"' I<i84 

P'smt the (Jovcrn- Cant A I'.rockhols M'' tfr tHyj)sen 
M.'' Steph: A'an (V.rthindt M' I. Santen.— 

I*(»<t Mt rliln III . 

The Indians of Alinisinck In-iiig i)rcsi'iit 

tlie Governor sayd that tliey liaving been always Freinds 
to this Governm^ he wondred thev had not been to see 



l*)S-l-| I'kOCKKDINGS OF roUNClL. 459 

hiiu tluit tlie Molioacks & others luid done it that liaviii^ 
sent for thein about a little business he would crive them 
To Tokens and i^-ave them four Duffle Coats ifcc'^ that the 
Duke having given some land to them of East Jersey to 
settle on and to be purchased w"' the consent of the In- 
dians he had sent for them to go along with some of this 
Place to run the line where that land is to be divided and 
that they go up Straight to Delaware Eiver that he would 
take no land but what he buys from the Indians and that 
tliey of East Jersey are not to buy any on o'' side of the 
line of Partition. 1 

That lie expected some from East Jersey and he would 
have them to go Straight from Hudsons River to Dela- 
ware liiver and that one Sachem of each Kation should 
go and G othei's that lie would have them Stay untill they 
of East Jersey come and should have Provisions until 
then. 

They answer they would do so but desired that they 
might go on the other side to Bergen and stay there until 
thev were sent for. 



Inst/'Kctions to Deputy Governoi' Lawi'ie and Other 
Proprietors. 

[From "Grants and Concessions, " p. 195. | 

EoBEKT Bakclay, Govemor and otlier of the Pro- 
prietors of East New-Jersey. 

To (tawj^ Lawrie, our Deputy Governor of the 
said Province, and to the Persons hereafter 
named, and to such other (qualified Proprietors 

1 The Minisink lands lay between the river Delaware and the Blue Mountains, 
partly in Sussex County, New Jersey, and partly in ITlsterand Orange Counties, New 
York. They comprised much valuable territory, which was soon occupied by set- 
tlers. The title was contirmed by Queen Anne in 1704, and the whole tract subse- 
quently divided by commissioners among the owners.— John Clement's "Notes and 
Memoranda Relating to the West New Jersey Society," p. 111. Eu. 



4«)(» NEW .IKKSKY COI.fiNIAl. IMX'LMKXT."?. [1084 

and Proxy's wlio slmll conic ii])<)ii flic Place, 
sciulctli (Ti-eetini;-. 

AVnKRKAi^ wo liave coiisiMei'od tlie Xcccssity in (trder to 
a full Settlement and good of oni- Pi-ovinco, that there he 
fnll and anij)le Power constituted in sduie Persons upon 
the Place, to do all Things tliat may contribute to the 
(rood and Advancement of the same, whereby the J'ersons 
so aeting may with full confidence and assurance proceed, 
and others there may with the greater freedom and clear- 
ness treat and conclude what is and may be necessary : 
Out of the 'J'rust and Confidence we repose in our Trusty 
and well beloved Friend Gawn Lavyr'u\ whom we liave 
already constituted De])uty (xovernor of our said Province, 
do liereby give and gi-ant unto him onr full Power and 
Authority, by and with tlie Consent and Advice of ThmiKis 
Jiiuhjd/'d, Secretary of our said Province ; Th^hiax ^y<u'n>\ 
one of onr Fellow Pi-opi-ietors, Darid TosJiacl.^ of Moinj- 
weardy Partner witli James Earl of JWt/t, and Sir Geonje 
McK')nz'u\ of Tdi'lmft. and Proxy for them, John C<imp- 
hdl. Partner with and Proxy for JoJm Loni Drunuuo/id^ 
of Landr'u'^ Jiohni and Hi o mas Fnlhrton, David Mudy, 
and Janirs Johnson, who are Proxies, respective for Thomas 
Hart, Thomas B<(rh'/\ (Irmrnt J^lumsfead, and Thomas 
Cox, John Barclay, and Pa rid BarcJ^iy, Thomas Gordon, 
Aurthur Forhis, Captain Pairh-l- Mayrujer, all Sharers in 
Propriety's ; Georye Wdloirls, l*roxy for llohert Go/ulon, 
and SJiarer of a Propriety, together with such other of tlie 
Proprietors as may come upon the Place, (who are Quali- 
fied according to the Constitutions) and such other Proxy's 
as we nuiy make hereaftei-. to whom we (u)mmit our full 
Power to Act, and do Ini- us evi'ji as we ourselves could 
do if present for the good of the Province, in the tilings 
and with the Resei-vations liereafter mentioned ; agreeing 
nine of them to be a (Quorum, aiul tlie Major Part present 
to have Power to detennine. and our Deputy Governor to 
have two Votes, viz. 



1684] INSTRUCTIONS TO DEPUTY GOVERNOR LAWRIE. 461 

I. 

To aprove and coiifirni such Acts of Assembly, as from 
Time to Time there shall be found a Necessity to establish 
before Coj^ies cau be sent hither for our Confirmation, but 
when i\xe Fimdmnental Constitutions are passed in Assem- 
bly, then to proceed according to them. 

U. 

To end and agree all Matters now in Debate betwixt the 
Proprietors and the former Planters of the said Province, 
and others, as to their pretences to Land, and as to the 
Arrears of Quit-Rents, as to settlement of them for Time 
to come, and to grant them Patents accordingly, but not 
to sell olf any of our Quit-Rents, without onr particular 
Order for that Pui-pose. 

III. 

To order,, settle, sell, let, or dispose of by Patents, the 
Lotts for building, and other Lands of Perth, so as may 
best conduce to the advance and improvement of that 
Town, yet so as they may not reach the Share, in part or 
whole, of any Proprietors, wdio have already given particu- 
lar Directions for the building upon or settling of their 
Lots for themselves or their Friends, or any in their Name : 
And what shall be so sold, let or disposed of, the produce 
to be applied to the respective Proprietors whose Lots 
they are. 

IV. 

To ])urchase and take u}) Land in the Proprietors Names 
(and no other) from the Indians as they see Cause, or find 
it Necessarv. 

V. 

To set out Land upon Rent, to any there who may olfer 
to settle : And tho' in this we will not straiten or limit 
them, yet we desire all the forbearance that may be, until 
we see what further Prospect there may be of sending 
ov^er People enough from Kik/IhiuI, Scotland, and othei' 
Nations for that end. 



4f)2 NEW JERSEY COI.o.MAL DOCUMENTS. [1684 

YI. 

To run till' several JJnes of Division, and (letennine tlie 
Limits and Bounds of the said Province, either with those 
oi' Nev)- Y<>rl\ or Wi.^f-Jcrsri/. 

VII. 

To take tlie readiest way tliey can, either out of tlie sale 
of Lands, or out of Arrears, or present Quit-Rents, or any 
other Effects beh)nging to the Proprietors in tlie said 
Province, so as may make good to Thonufs lixdijard^ Oiu' 
llnndr('«l and K'niJiiij Painids, wliich together M'ith Ticenti/ 
Pounds due from him to the ])ul)lick Stock by tiiree rates 
laid on each Propriety, one of Ten Pounds and two o^ Jive 
Pounds a peice, do make up two JTund/rd Pounds Ster- 
ling, Value in En(jlund^ being allowed him for his Service 
while he was Governor. These being the chief Matters 
we can learn from our Intelligence from them, as neces- 
sary to be at present taken care, ibr all other things of less 
Moment being sufhciently expressed and fully pi-oxiiled 
for in former Instructions and Warrants, we give them as 
aforesaid, our full Authority in the premises, reserving to 
ourselves the Power of Kevocation of this Authority when 
we shall see Cause ; in the mean time until Revocation, 
whatsoever is acted hereby to l)e in full legal Force and 
Virtue. 

Given under our Hands and Seal of oui- Province in 
London. AiKjK.^i, I*r!n:o^ 1(>S4. 

//. Ihii'cldij. l^erili. Prumniond. P. Bardaij for 
lioh. Bai'mtt. and Roh. (rordon. Tho. Cooper. Tho. 
Cax. William Dochwru. Thonnis Part. W<df<r B( nt- 
li(dl. TiicJiord M>ir. T/i<>//o/.s- /j(f/-h/\ i'h'inent Pbuu- 
xtnid. 

To (idii'n J.iiii'i-i,^ i)ej)uty GoveiMioi-. and to all others 
herein nuMitioned, whom this nuiy coiu'crn. 



1684] PROPRIETORS OF K. .TKFiSEY TO GOT DOXGAN. 463 

Earl of Perth and ()1ji< r Proprhiors i,f Kasi ./ns, ij lo 
Governor Dotit/an . 

[Frorn'Xew York Colonial Ilooimieuts,'' Vol. III., p. .'MS.] 

Sir 

Wee did promise our selues in you a good and kind 
neighbour botli. Judging you would have so inclined to a 
Colony wherein wee are soe much concerned. And that 
the regard you hane to your Master's honnor and intrest 
would hane obliged you to do it, cont^idering wee are such 
as haue the happinesse to elaime ane interest in his fauo'". 
Wee have discoursed with In's Commissioners at London 
of these things y^ were by you proposed in relation to tlie 
bringing our Colony under the Goverment of New Yorke, 
and doubt not but we have convinced them of the reason 
which induce us not to yeald to such a proposall, And wee 
Doubt not both the Duke and they are fully'convinced of 
our right in everie Respect ; Both of Gouerment, Ports, 
and Harbours, free trade and Navigation, and liauing 
spoke to the Duke wee found liim verie just, and to abhorr 
the thoughts of allowing any thing to be done contrary to 
what he hath past under his hand and Scale ; And wee 
persuade ourselues you will lay aside all thoughts of 
attempting what may reflect upon the Justice or honnor 
of Your Maester, or may give us just reason to complaine. 
Since there shall be no thing wanting on our Part that 
may tend to ane adwantadgious corespondance, which as 
wee expect from you So shall be seriously recomended by 
us to our agents and alwayes entertained, By 
Your assured friends and Seruants 

Perth. 

Geo. McKenzie 
Edenbrough Sy** August 1()S4 J. Drummono 

for CoLLONELL DoNGAN Lcuta'nt to his R. If. In New 
Yoark And Commander in cheitfe of all his torritorie 
in America 



464 



NEW JERSKY COLONIAL DOCUMENTS. 



[1684 



Arcoiiitt of ShlpnK'nf to J^asf Jcrfny^ m A>/(/>(fil, 1683, /^y 
Some of the Proprietors. 

[From a Copy among thr Manuscripts of W, A. "Whitehead. 1 

A Brkiff A('((»rNT <>f the Disposall of the Joynt 
Stock sent upon the Ship]) Exchange James 
Peacock M' the Last of August 1683. By 
David Barclay To East Jersey, by some of 
the Proprietors thei-eof ; 



Viz* There waK Caryed over in goods. The Servants, freight, a 

tt some of the oat-uieal which was sould here again, and - Xlt45.= 
all other charges Deducted out of the ... J — 



Note, the charges of furnishing out the two overseers and all\ 

the servants cost above 30()lli only a few beds Ac: in- 'C;544.18 
dnded which made in all as above . . . ) '■ 



So that there was in goods but ..... 

In 1684 Memorandum of this, ther is in C'atle in 
the overseers and servants custody Viz' 

John Ilanton hath !t Cowes 

John Reid . . S. 

James Reid and Peter watsou 4 . 1 n all 'J 1 Cowes and 1 ."> Calves 



XfiOO. 2.= 



More. John Hanton received 6 oxen 

James Reid and Peter watson 4 

John Reid . . . C. In all Iti oxen 



A Bull in halve 
tor acco' Wil- 
liam Dockwra 



It Makes \M. 

This is 37 head of I'atle, besides 
the ir> Calves, and a Bull bought 
in partnershipp with John Car- 
ringtou overseer to W"» Dock- 
wra the cost and Charges of 
them all amounts to , . tl.">."i. 1.' 



1684] SHIPMENTS TO EAST JERSEY. _ 465 

In horses and Mares as follows vizf 

John Hanton hath 2 horses and 1 mare 
John Reid , 2 

1 
James Reid and Peter Watson 2 mares 



Horses & Mares In all 7. cost £38. 9.2i 

In Breeding Sowes, viz^ 

John Hanton receaved 2. 
John Reid . . 4. 

James Reid and partner 2. In all 8 cost . £8. 4.5^ 
Delivered in provisions vtensills and necessarys to John Han- 
ton the value of £144. 6.n 

Delivered to John Reid in provisions »t necessaries . . £147. 2.= 

Delivered to James Reid and peter watson in provisions and) 

. ,, , . ^ ^ ,- £30. 2. 6 

necessaries the value of ...... ) 

Disburst for several publick charges on the companys acco'' ) 

and for building John Reid houses as p. account . J " ' ' 

't^Uct^ Left in goods and provisions viz| 

theise 8 Articles ' com and pork in the Cuntry 

^f the value of ... . £81.17. 7 

John Barcla} in Debts there the value of £105.= = 

& I 

, In John Marsh hands for build-) -or in o 

the overseers . | ing John Hantons house ..; •^^^•^^•"^ 



My expences in the Country & passage to London . . . £48. 4 — 

Brought over with me having Deducted nothing for my owne \ 

provision being 20 Months in the companyes service • £''>8.18. 4 

£471'' 2^? 10' starling is in that Country money . . ) _ 

1 So that the Stock in Cattle & y'-' building & all) ,„ , „ .„^ 

, -^ ^ ■ Totall £10G6. 1. 7 

charges in settling cost .....> 

And tlio Servants to reniaine for 4 Yeare from their 
first tynie 

This is David Barclays Abstract of things wlierein I am 
concerned one hundred pounds stock, a true Coppie of 
what he gave to nie Will: Dookwra 

The Urge acco'' of particulars are entred iu the books 



] Whiit tollow.s i.s in the hiiiid wrifiiip; oC W. Dockwiii. Eu. 



466 NEW JERSEY COLO^'IAL DOCUMENTS. [1684 






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470 NKW JKUSFA' COLOKlAI^ DOCUMENTS. [16S4 



Innti'actloiin liclatuc'j to t/ic Settuuj Oat of Land in JEast 

Jersey. 

[From " Grauts and Concessions," p. 190.] 

RoBEirr Barclay, Governor and one of the Pro- 
prietors of the Pi'ovince of East New-Jersey, 
and other of the Proprietors thereof. 

To the Deputij Governor and the Proprietors in Council 
there, Greetixg. 
Whkkeas in the Month of March last, there was sent 
by Thomas Singleton, bound for East Jersey, &c. An 
Instrument bearing Date the Twentieth Day of February 
last, wherein the Proprietors did among other Things, give 
Order for the setting out of convenient Tracts of Land, to 
ac'coniniodate small Purchasers at their Arrival in the said 
Province to settle upnn, to he appointed them out of the 
tirst Parts and Dividends of the Ten Thousand Acres, 
order to be set out for a Tioenty fourth Part to each Pro- 
prietor, (and so pro Rata) out of such Lands belonging to 
them, of whom tliey particularly purchased. We having 
since furthei- considered that suc!i small Purchasci's, who 
are now ready to transport themselves, and others who 
may shortly after follow ihem, miy h.ive occasion for more 
Land to settle their Family's upon, than can be had for 
their share ont of tlie first Dividend of the Ten Thousand 
Acres taken up. oi' thie to such particuhir Prop;iei«'r or 
Proprietors of wliom they purchased: Xow in Considera- 
tion of the great lienefit that will accrue to the C"lony in 
general by encreasing the Numbers of laborious People, to 
go over with their Families to plant ami improve the 
Country, and being well satislied that one way to promote 
so good a Work, is to give good Encouragement to all 
email purchasers by furnishing them as soon as they come 
over, with a sutlicient Number of Acres, to nudvC a good 
Farm or Plantaiiuii in one Place. 



1684J iNSTRtlCTIONS FOR APPORTIONING LAND. 4^1 

We the Governor and Proprietors abovesaid, have agreed, 
and do hereby order you the Deputy Governor and Pro- 
j)rietors that are of tlie Council, or the Major Part of you, 
first to Cause the Surveyor, by your Consent and Direc- 
tion, to set out to every such small purchaser as shall come 
ovei', their Shares due to them, out of the Dividends of 
that Proprietor or Proprietors, of whom they have pur- 
chased, proportionable to what they have bought, and if; 
any small Purchasers Share out of the Proprietors Divi^ 
dend, (of whom he bought) amount not to five Hundred 
Acres, tlien that you make up five Hundred^ (if the Purr 
chaser desire it) out of the rest of that Proprietors Land of 
whom he purchased. 

But if any Pi-ojDrietor have sold to several small Pur- 
chasers, so that each that come over, cannot have five 
Hundred Acres, out of his Share, of the first Dividend of 
Part of the Ten Thousand Acres, then those Purchasers 
who first came together, shall have their proportionable 
Share (a peice) towards making up five Hundred Acres, as 
far as such Proprietors Dividends will amount unto of 
whom they bought ; the true Intent and Meaning thereof 
being this. That where any Proprietor (who hath not sent 
Stock and Servants) shall sell any Part of his Land to one 
or more Purchasers, his whole first Part or Dividend of 
the Ten Thoxisand Acres shall be taken, (if need require) 
to accommodate these small Purchasers to whom he sold, 
with fin}e Htmdred Acres of Land a peice, (if they desire 
so much) before any others of the Proprietors Lands shall 
be meddled with for that purpose. 

Be it also further Agreed, that in Case there be not 
suflicient Land, in any Propiietors first Dividend of the 
2'erc Thousand Acres, (who have done nothing toward^ 
the improvement of his Part, by sending Stock and Ser- 
vants) as to make good five Hundred Acres to each small 
Purchaser (to whom he has sold) when he comes to settle 
his Family in the Province, then in such case that the 
Surveyor (do by your Consent and Direction) first set out 



4T'J . NKW .IKKSKV Ud.oNlAI. !)(»( l MKNTS. [1684 

to siicli 8i]iall riiri'liasiTS, so iimcli as his Shaic coiiu's to, 
and wliat more fan be made out of the riMuaimlcr of tlie 
jirst Dividend of tlie Ten llioasand Acres belongiiio- to 
that Proprietor of wlioin he purchased ; and what is want- 
ing of ^AW Jhindred Acres to each small jjurchaser, it shall 
be lawful for you the (xovernor and Major Part of the 
Proprietor of the Council, and you are hereby ordered to 
cause the Surveyor (by your Consent and Direction) to set 
out M'ithout delay so much Land, out of some other of 
those Proprietors Shares or fiJ-st Dividend of the Ten Thoa- 
.s'«n<^ Acres, as shall be enough to make up every small 
Purchaser full Jive Hundred Acres (if he desires so niuchj 
at his first comino- to settle his Family in the Province, 

And we the said (Tovei'nor and Proprietoi's desire that 
yon the Deputy Governor and Major J'art of the Proprie- 
tors, in the Council, ha\e respect to these pai-ticulars fol- 
lowing, in the Prosecution and Managing (^f tliis < ))-(lei-, viz. 

1. That no Land be set out to these small Purchasers 
by his or your particular choice, or election, even from 
the Share or first Dividend of the Ten Thousand Acres 
that falls to that Proprietor of whom he or they bought, 
but that their Part thereof, (whether more or less"! be 
.divided by Lot to them. 

IL That where any small Purchasers shall be accom- 
modated with more Land ont of an}' other of the Proprie- 
tors first ])ividend, of tht^ Ten T/iouKdnd Acres as before 
is. appointed, it. shall not be taken out of such Proprietors 
Land who has s<M)t Stock and Servants, or made any Settle- 
ment on his Share but out of such Propi'ietors Shares who 
have not sent Stock and Servants, and whose Lands lye 
unemployed and not inqirovcd. 

III. That the making up of the jir, Ihindixd Acres 
.to each small Purchaser (if he desire it) shall be set ;out of 
the Proprietctrs Dividend who has not sent Stock or Ser- 
vants, that lies contiguous to such small Purchasers first 
Part:of the five. Hundred Acres of Laud set out or. intended 



i()S-H INSTHIOTIONS Fol; AIM'ukTloXlKO LAND. 4:7S 

to be riet out to liiin : And in Case no sucli Proprietors 
Land lye eontiguons (or next adjoyning) then 'tis left to 
you the Deputy Governor and Council, to appoint the 
Surveyor out of which of such Proprietors Dividend to 
set it out, but it shall not be otlierwise set out, than by 
casting an equal Lot. 

lY. That where any Proprietor having his full I'lcenty 
fourth or Forty eigJit/i Part, sends over in his Name, 
either Servants or Stock, or such that are willing to farm 
Land of him, so as to become his Servant, shall have as 
large Tracts of their Pi-oportion, as may suit with the 
dumber of People thus sent oxer upon their Account, 
and the conveniency of the Place and other Circumstances, 
to be adjudged by the Deput}' G<jvern<»r and concu ranee 
of the Major Part of the Council. 

Y. Tliat due care be taken to reprize every such Pro- 
prietor as Parts from Land, to accommodate such small 
Purchasers out of the next Dividend of the Ten Thoumnd 
Acres, or as soon as so much Land is found to make it up, 
and that as near as may be, the like J.,and for Quality and 
Goodness and Situation be made Good, and where that 
cannot be had, that special Tiegard be had to repair them 
by Quantity and by such othei- consideration, as in the 
ballance of Justice and Equity, the Exchange may be made 
equal. 

VL That such snudl Purchasers have no more Land 
than his own Share comes to in the second, third, fourth 
or any further Dividends of Land than the first ^A'/v^ II nn- 
dred, Acres, unless he have first cultivated and improved 
the said Jive Hundred Acres, and wants and desires more, 
and in such Case the Deputy Governor and Major part of 
the Council to adjudge thereof, and if they see it just to 
give him more Land for further Encourgement, yet we 
hereby limit that it shall not exceed Jive Hundred Acres 
more. And such small Purchasers as have bought under 
a Tenth Part, shall not have more Land than ^'^e Hundred 
Acres at first, nor afterwards more than their Share of 



474 NE\V JERSRY COLONIAL DOOUMEN'l'S. [1684 

the whole lirst Ten TJwusand Acres reaches to, until 
another Dividend beyond the Ten Thousand Acres be 
made. 

VII. You are hereby ordered, that strict Care be taken, 
that no Part of any Proprietors Interest whatsoever in 
the other Moiety of that Tract of Land upon the South 
o\' liariton Piver, called Changarora, (one Moiety whereof 
being already allowed to be taken up by the Scots) nor any 
land at Amhoy Point, nor within two Miles distant every 
wa3' round the intended Bounds of the Lands belonging 
to the intended Town or City of Perth, (as it is demon- 
strated in the last new Model drawn and sent you by 
Thomas Shigletoii) be taken away to be added to any of 
these small Purchasers, or any other Purchasers, but that 
every ones Share and Interest, and Dividend therein, be 
reserved to himself, as well to those Proprietors who have 
not sent over Stock and Servants, as to those that have. 

Nevertheless it is not to be otherwise undei'stood, but 
that every small Purchaser has a right to his own Dividend 
in the said Lands of Changorora, and his Share in Perth- 
Town.^ and the Lands about it, and you are to appoint the 
Surveyor to set him out his Dues accordingly out of the 
Dividend of such Proprietor of whom he bought, accord- 
ing to the Projiortion of tho said Purchase, and not other- 
wise. 

Lastly, AYe hereby unanimously agree that this order do 
continue for the Term o^ four Years next following the 
Date hereof and no longer. 

Given under our Hands and Seal of the Province in 
London, May ihrrd, Anno Domini, 1684, and in Scotland, 
May 1084 

Baiclay. J. Drummond. Roh. Burnett. Clem. Plum- 
stead. Will. Pochvra, for himself, and as Proxy for the 
Earl of Perth. Tho. Mart, for himself and Walter Bent- 
hall. Tho. Cox. Tho. Coojyer. Rich. Mew. Tho. Bar- 
leer. James Brayne. Tho. Rolnnson. Willm. Gihson. 



I(i84] EXOtfSlVE TKADE OF HUD30N KIVER. -475 



Duke of York to Governor Dongan 

[From "New York Colonial Documents," Vol. HI., p. 348.] 

Coll. Dongan 

Mj Com'"^ are makeiiig w'^ dispatch they can w"' those 
Bills that 3^011 have sent hither, and particularly w*** y*^ w'^'' 
conteynes the Franchises and Priviledges to y® Colony of* 
New Yorke, wherein if any alterac'ons are made (either in 
y^ forme or matter of it) tliey will be such as shall be 
equally or more advanta^ious to the people there, and 
bett"" adjusted to y® laws of England. In the mean time 
because of some rumours I have mett w*^ as if souic of 
yo*" neighbors und"" colour of grants from my selte or upon 
some other groundless pretences endeavour all tliey can to 
obstruct y® trade of New Yorke and Albany ; I thinke it 
fitt hereby to i-econiend that to you in an especeall manner 
that you may not suffer any innovac'on wiihin that river, 
nor any goods to passe np it but wliat shall have paid the 
dutyes at New Yorke ; we to p'serve the cheife benefitts 
of y* trade to tiu; inhabitants and traders of Now Y'orke 
and Albany w*^*^ is agreeable to y° Laws of yo^ Colony and 
the practice of yo"" i)'deces'".^ and necessary for the collecting 
those Customes and oilier dutyes w*^'* must helpe to sup- 
port yo*" govei'iiem'^, And if you lind that y° Inhabitants 
of East Jersey have any other wav of tradeing w'^* the 
Indians then by the Kiver of N. Yorke tliat yon will use 
your endeavoui's to prevent ir, and give me advise thereof 
y^vb. ^.(^r Q])ij)ion w^ is proper for me to doe in it : my desire 
being to preserve the Indian Trade as entire as 1 can for 
the benefit of the Inhabit^ and traders of New Yorke pre- 
ferably to all others 

I am &c 

Windsor 26*^ Aug^* (84) 
To Coll, Dongan &c 



47»; NKW .IKKSKV C(»I.(»NIAI, KoClMKNTS. [1684 

A//' ./ii/i/i II , )'<!< II tit ( lin'i I'liof / fniii/ti n . 
I Kioiii " New Vi.rk (;c.l..Mi;il Do.iiiiiunis,' Vol. 1 1 1., p. :H!i.l 

Sii; \Krfnirf.\ S' .laiiu's's L>7"' Auii'^' ir,S4 

^((11 Miv (';ii»' IJillop will sell his |)lanta- 

(•"oii on Stateii Island,' and if he doe, ct'i-tainely 'tis best 
y' vnii cndcavo' to procui-c some inhabitant of New Yorke 
i-athor to buy it y" suffer any of those of Xew Jersey to 
doe it ; but whosoever buj's land in y' island, it being 
under yo'' governni' ho must be lyaljle (as well as othersi 

to the I^aws thei-eof. 

Touching Suscpiehannah Kiver oi- lands ab' it or trade in 
it, \\''^ the Indians convey to you or invite you to, we 
thinke you will doc well to j)reserve yo'' interest there as 
mueh as possible that soe n(»thing more may goe awav to 
M'' Penn or etlier Xew Jerseys. For it is apparent they 
ai'e apt enough to stretch their j)riviledges as well as the 
people of New England have beene, who now j)robably 
will be ?-edneed to reason by prosecution of the Quo War- 
ranto w''' is brought ag"' y'" 

l'\»r C'oi.i. DoN(i.\N «.V:c 



I n.slriicl inns In l>i jinhj ( ioi'i rnnf Ldii'rii , UiUiln'r to thv 
'li(kinii I ji i)f l.iiiitl in h'list Jifsii/. 

I From •('■laiils iiiid ('(uui'ssiKiis," p. lilKj 

l\(»Hi;ur IVmki.av, ( ionci'iioi- and one <»f the Pro- 
prietors of the Pro\ inoe of East .Jersey, and 
otliei" of the Pi'opi-ietoi's of tlie said l*l'o\"iiiCe. 

To our l)e])iity (iovenior (iawn Lawkik, and to 



1 Ou X\iv south end of the island, opporite Perth Aiuboy : subsequently known aa 
• Bentlv Manor.' iCL. 



1684] INSTRUCTIONS AS TO TAKING UP LAND. 477 

the Deputy Governor for the time being, and 
all others whom these Presents may concern, 
Greeting. 

We the Governor and Proprietors abovesaid, having of 
late received siindrv Letters from our said Deputy Gover- 
nor, concerning the Estate of our affairs in the said Prov- 
ince, and having duly considered them, ha\x thought lit 
for the better settlement of the Particulars hereafter men- 
tioned, to give and grant our full Power and Authority 
unto our said Deput}^ Governor Lany/c, and the Deputy 
Governor for the Time being, joined with any live or more 
of the Persons who are upon the Place, and are ]^amed i)i 
the late Instrument, Dated ihejii'st Day of Ain/uxf last, or 
the Major Part if under five of them u})on the IMace. 

I. 

To end all Controversies and Differences with the Men 
of Never sink^^ and EJlzaheth-Touin^ or any other Planters 
or Persons whatsoever, concerning any pretended Titles, 
or claim to Land in the said Province : And we do hereby 
declare that we will not enter into any Treaty on this side, 
with any of those People who claims by Colonel NicholU 
Patent, nor with any others that challenge Land by Patents 
from the late Governor L 'arterd^ as being both an Affront 
to the Government there and of evil consequence to make 
Things to be put off by delays, and thereby hinder the 
settlement of our affairs in the Province. 

And we hereby forbid the selling of any of our Quit- 
Kents whatsoever, only we do allow the acceptance of 
Land back again, or Composition for Arrears, as in a for- 
mer Instrument was appointed. 

IL 

We give our said Deputy (lovernor Jaiwi'u, or the 
Deputy Governor for the Time being, in Conjunction with 
any five of the commissionated Persons aforesaid, or the 
major Part of them if undo' ti\ e upon the Place, our t'ull 



478 NEW ji:rsp:y coloxial documents. [1684 

Power and Antliority to ratify all the Laws which he hath 
lately confirmed, to continue for the space of three Years, 
to coininenee from the Day of passing of the said Laws in 
the Assembly of the said Province ; excepting the Law 
relating to the Militia as it is already restricted by the 
Deputy Governor; and that Clause in another Law dis- 
abling Henrjj GreenJand to boar OtKce : And as to the 
Law wiiich relates to the first Day of the AVeek, we recom- 
mend him and them to a fni-tlier Consideration tliereof, 
least it prove a burthen to some tender Consciences who 
may find it their Duty not only to testify against the 
Jewish Snperstiti;)iis, but al>o against some others in that 
Point. We do ul»o hereby impower him and them to 
ratify and confirm all snch Laws as shall hereafter by Act 
of Assembly be made, for the like Term of three Yeai'S 
from the Date they shall be past. But we do require this 
one Thing concerning the Cnurt of common Right, that it 
be always held at our Town of PcrtJi if it be possilde; and 
that all other necessary Couits, as also the Assend)ly (whea 
called) do sit thci'e ; and particnlarly the Deputy Gover- 
nor, for the Time being, do inh.ibit there, and convene his 
Council in the said Town of Perth. 

IlL 

To remove the Restrictions in the late Instrument in 
favour of those Persons who have purchased Shares, and 
such as have sent Stocks, or gone over to seitle in the said 
Province. That Changoraza, or any other Place, be not 
limitted, seeing by that Example we are subject to wi'ong 
Notions of the Convenience and Situation of Land, so that 
by making such Limitations we hazard the perplexing of a 
rijjlit JNLinagement of those Thinirs which we would have 
carried on for the Accommodation and Encourageme^it of all 
that send Stock or go over to settle in the said Province. 

IV. 

To set out forthwith, without delay, to all those who 
liave imported Servants since the last Grant from the 



1684] INSTRUCTIONS AS TO TAKING UP LAND. 470 

Duke, of the Fourteenth of March, One Thousand Six 
Hundred Eighty and Two, their just dues for each head 
to continue until the Twenty Jlfth of March next ensuing 
the Date hereof, and that such Servants as have or sliall 
come into the Province, witliin tliat Limitation, may have 
their Twenty five Acres, set out to them upon their Appli- 
cation, and be possessed thereof as soon as their Times of 
Indentures be expired, provided tlie Master or Mistress do 
Certify to the Governor and Council their fulfilling the 
Contents of their Indentui-es, or Articles ; or in failure 
thereof, the Servants making it appear to them by suffi- 
cient Testimony : And for all such Lands relating to Ser- 
vants Heads imported, We the Governor and Proprietors 
do give our full Power and Authority to our Deputy 
Governor for the Time being, to grant Warrants to the 
Surveyor immediately, to set out such Lands to whom it 
is due, and to proceed therein according to the form pre- 
scribed in the Concessions, so as a Deed or Patent may be 
given and signed by the present Governor Laiorie, or the 
Governor for the Time being, and three of his Council, or 
by four if more than six, and Sealed witli the Province 
Seal. And for as much as such Land was intended to be 
freely given for encouraging the Liaportation of Servants 
for the good of the Province, also by some Mistake in that 
Matter is tvjo Pence per Acre, appointed to he paid by our 
former Printed Paper, we do hereby consent and agree, 
that in such Grants for Land relating to the Importation 
of Servants, thei'e be only one Penny per Head, and no 
more inserted to he paid as an Annual Quit-Pent for their 
Land, any Printed Book, Order, Custom or Usage to the 
Contrary thereof in any wise notwithstanding. 

V. 

For the avoiding all Exceptions about the due and regu- 
lar proceeding in setting out of all other Lands in the 
Province, we do hereby agree, that the Deputy Governor 
for the Time being, shall Grant his Warant to tlie Sur- 



480 NEW .TERSEV COLONIAL DOf I'MKNTS. [1^8-4 

veyor to set out any Latuls that are to be taken up. or. 
otlierwise appropriated to sncli as liave Right, and the 
Surveyor to proceed according t<» the Concessions; and 
wlien tlie (4rant is ready, tlie Governor and liis f ouneil or 
any tlire(^ (»f them, or four if more then six of the Council 
shall Sign the Grant, as hath been accustomed by the 
former Concessions of the Lord B^rWi'ij^ and Sir George 
('(iiitrrt^ ]u-ovided nevertheless, no su(.'li AVarrant be 
granted, nor no (irant for the time to come, shall be 
legally in P^orce and H^ffect, but what shall iirst be con- 
sented unto and ap])rove(l by five of those Persons, who 
are Sharers in I*ropriety'8 and Proxies for Proprietors, and 
are residing upon the Place, and who are named and com- 
missionated in the Instrument aforementioned. Dated the 
first of A iKjiiat last, which was sent by (rioryr Ki Ifh, upon 
the Blossom, Richard Martin Master, which Consent and 
Approbation shall be understood, by first entering in a 
Book for that ]*urpose, the Copy of such Warrant the 
Deputy Governor is about to grant, and tlieii rlie Subscrip- 
tion of five at least of the said commissioiiated Persons, 
shall be made in such Book, after which the Deputy Gov- 
ernor may give out his Warrant, and he and the other 
Officers j)roceed with the Council as formerly hath been 
used according to Concessions, it not being intended that 
any but the (Tovernor, and three or more of the Council 
shall Ix! obliged to sign the Grant or Patent as formerly; 
this Method to continue about setting out of Lands, until 
the passing the Fundamental Constitutions, and no longer. 

VT. 

AVe hereby declare that in Case there piove a vacancy 
by Death, Kemoval or any other Accidents, in the Offices 
of Secretary, chief Register, Surveyor General, or Peceiver 
(ienei-al, or any other such i'laee, our Deputy Governor 
shall graiit his Commission to such Person as he shall see 
fittest to fill such Yacancy, to continue only for the pres- 
»mt Time, until it be known whethei' the Go\ernor and 



1684] msTEUCTioKS as to taking up land. 481 

the Major Part of the Proprietors tlLcre do coiifirni him or 
have granted idready, but if they not approve of the said 
Person, tlien those that our Deputy Governor for tlie 
Time being, have placed, are to give way to such, as at 
any time have had, or sliall receive our Commission for 
any such Phice. 

VII. 

That the Rate oi I^'ive Pounds hiid as a Tax to Publick 
Stock upon each Propriety, by an Order of the Proprie- 
tors entered Twenty ninth of Julij hist, and of Ten 
Poiuids more, hiid on each Propriety by an Order of 
the Twenty first of Octoher L^st, towards payment of Debts, 
and answering publick Incident Charges, be paid by every 
Proprietor or Sharer in a Propriety lately gone over, and 
now residing in East-Jersey, or the Neighbourhood thereof, 
to our Deputy Governor for the time being, upon the 
Demand of him or his Order proportionable to their 
respective Shares and Interest ' in the Province, to be 
answered by all Persons in the full Value of Money Ster- 
ling, according to what we pay this side, and not in the 
Country Pay, and that Thomas Rudyard, and Thomas 
Wa?'ne, do pay or give Satisfaction to our said Deputy 
Gaivii Zaiorie, or the Deputy Governor for the Time 
being, over and above the said two Rates before men- 
tioned, two former Rates, the one of Ten Pounds laid on 
each Propriety, by an Order of the Twenty ninth of June, 
1683, and the other of five Pounds by an Order of the 
Fourteenth of December, 1683. Also we do hereby, as far 
as in us lies, give our full Power and Authority to our 
Deputy Governor for the Time being, to recover and 
receive, not only the forementioned Rates, but also all such 
further Proportions of any Tax or Rate as may be laid 
here on each Propriety, according to the respective Shares 
and Interest of those residing in East Jersey, or the Neigh- 
bourhood thereof, and what he shall so receive from Time 
to Time, to give Credit for the same to the Publick 
Account of the Proprietors Stock. 



4S2 



NKW .IKKSKV COJ.UNIAL JJOe L MKNT: 



[1684 



(tivkx luider our Ilaiuls and Seal of tlie Province, tliis 
Tliu-ioiith Day of Xoriinhrr, 1684, and in the Sir and 
riiiiiiclli ^ car of Imikj (']i(I rli ■< tlic Second, o\er Kikj- 
JdmL iV'c. 

WtlUdui /><>,■],■ in-' I. U>v liiiiix'lf. and Proxy for tlic Karl 
of /''/'///. and \)\ ( )rdci' of /,'t>li< ,'t Ilii rrld ij, lioJi, li iionJon. 
Ikohtit Jjiir/irtf, llid. ('ii.r. ./(Inns 11 raun\ T/lOIIKls I'xli- 
ltl\ Thoiilds ( 'iiojirr. < 1, iin 111 I 'I II iiisfriul, I*ic]iar<l JI' </"j 

77i(K Ihnf, W'nifrr li, nlJniU. 



l/ii J-()UoirintJ MrinorKliihuii i.S silnl m fill li,ri,,il fii 
lini'i hern I nihir^'^il on iJw t'nri ifiH ii<l I list I'll nil n1 . 

Mkmokam)i:.m, wheivas tlicrc is yet no Pi-nvisiun made 
for the Succession of a Deputy (io\-ei-n(ir in I'.asf J, I'xt'U 
fMortality l»ciuu' tlic I'orrinii of lijin. as well as any otlu'r 
Person in the I^i'oviiu-c) 'tis heivhy fully au'reed, concluded 
and ordered l)y the Proj)rietors of the said l*ro\ince. that 
Rohti'f lidrrldij, tlie pi'csent GoN-eriior, may at any Time 
liereafter, c<»nclnde of two Pej'sons i-esidini^ in tlie Pi'ovince 
aforesaid, sucIj as lio sliall thiul< most tit and (|ualified for 
tlie ( Jovi^i'iiment, l^ro\ided they hi' Shai'ci's in I^'oprieties, 
and Avrite tlieir ]Sames in two se\eral Papers, iSnnd)ering 
them (1) (!i) and Sealini;- them with tiie I'rovince Seal, or 
his own, or both. an<l transmit the said two Papers to the 
Deputy (io\ernor and Council, at Prrfli. tlieii' to safe and 
ready lie in case of the decease of (inirn l.ii ii'rh\ or any 
other Deputy (iovernor, whi'i-eupon the Council siiall 
tneet, and first ojien tlie Paper \o. i 1 i and the i'erson 
whose Name is written thci'ein >hall succi'cd in the (tov- 
ernment, an<l immediately Ikim- the full J*ower and 
Authority <■•>{ a Deputy ( Joxcnior. and the Papi'i- Xo. (2) 
shall not be opened, but remain concealed in the same 
Place as formerly, to lie ready on any further occasion : 
Put if the I'ersoii Xo. ( 1 i he deceased, absent or nvfuse to 
accept of the (io\ ernnieiit, then the second l*a])er No. ('2) 
>hall be o])ened, and the JV-rson whose Name is therein 



1684] INSTKUCTIONS AS TO TAKIKG LP LAND. 483 

written, shall then succeed in the Government, and he 
shall imniediatel}^ have the full Power and Authority of a 
Deputy Governor ; and whether one or other Person hap- 
pens to succeed this Endorsement, shall be as eli'ectual in 
every respect to establish such Person in the Office of 
Deputy Governor, as if it were included in the Body of 
this Order, and he shall hereby to all Intents, Construc- 
tions and Purposes, be vested with like full Authority, 
Power and Right to his Office, as if he had received a 
Commission from the Proprietors under their Hands and 
Seal of the Province, in the most ample form : The said 
Dejuity Governor to continue in the Execution of his 
Office, so long as the Major Part of the Proprietoivs do 
approve of him, (or do send over their Commission to some 
other Proprietor residing in the said Province, to be 
Deputy Governor) and no longer. 

Given under our Hands and the Seal of our Province, 
on the other side affixed. 

Barclay, Jio. Gonlen, Bui'ndi, Perth, Wm. Gibson, 
WdUer- Benthall, Thomas Hart, Thomas Barker, James 
Bra hie, Thomas Rohinson, Wilhn. Dockwra, Clement 
Plumstead, Thomas Cox, Rich. Mew, Thomas Goojyer. 



Governor Dongan to the Earl of l\'rt]i. 

[From "New York Colouial DotuiiR'uts, " \'ol. III., p. 353.] 

My Hono''" Loki) 

I had }-^ Hono"" of a letter from you <Si some other Pro- 
prietors of East Jersey * and are mightily surprised to find 
by y* letter y^ I am accused to act some things to y'^ Dis- 
advantage of your Colony & Dishonour of my master, 
Did I knoAv my accusers & y'= crime objected I could be 
better able to answ''. 



1 Set! ait(c i):ige 4t>3. 



4^4 NEW .lEKSKV Cur,nMAL DUCLMENTS. [16S5 

My Lord, yo^ Lordship may bclciv me I have acted iiotli- 
iiig unjustly to y* prejudice of your agents or people ; It 
is so far from it, y'^ when I found them take wrong meas- 
eures I advised them for y'^ l)est as I thouglit both of yo"" 
])roprietors and people what complaints they make of me 
I know iK>t, but am 8ure the ])L'ople cry out very much 
against them. 

AVhat I wi'ote to his R'' High''" and his Comissioners, as 
his servant, I was certainly obligded to, and to give my 
opinion what is Convenient for y° Litrest of this Province, 
and J beleive had your Lordship bin in my station you 
would haue Rep'sented y** great inconveniencys of haueing 
two distinct Governments, uppon one River, yours haue- 
ing y*^ advantage of being some Leagues nearer y'^sea than 
wee are. 

Your agents have dispersed printed papers to y** disturb- 
ance of y*" inhabitants of Staten Island, It hath been in the 
]>()Ssion of his R" Iligli"^ above twenty years (except y"^ 
little time y'^ Dutch had it) purchased be Governour Love- 
lace from y*^ Indyans in y*^ time of S*" George Carteret, 
without any p'tences 'till y'' agents nuide claime to it, it is 
peopled with above two Hundred flamilyes. 

My Lord to convince yo'' Lordship y^ I have done noth- 
ing amiss in writing Jiow convenient it would be to regaine 
East Jersey I doe assure you y' some of the Proprietors 
themselves are of y*' same 0})pinion, and have told me so ; 
and to show yo'' Loitlshipp how Ifavourably I act I am 
infoi'ined y' in time of other Govern'"^ ships that came to 
Aniboy made entry at New York, yet during my time 
severall shipps have gone thither & 1 have desired no such 
thing, nor will I untill I am assured of his R" High^* 
])leasure about it. It shall not be my fault if there be 
uot au advantageous Correspondence, who will allways 
endeavour to prove y' I am. My Lord. 

Yo"" Lordships most obedient humble Servant 

Tllu: DoNGAN 

N. York Ifebruary y^ 13'" 108^ 



1685] GOV. noxGAN to sm joiin weeden. 485 

My Lord 

I had almost forgotten to tell yo'' Lordsliipp y^ to tiie 
end a fair Correspondence may bo p'serv^ed between the 
Governments in an Act lately made by y^ generall Assem- 
bly amongst other things almost eqnall priviledges were 
allowed to East Jersey with this Province & all y® thanks 
I have is to be misrep''sented ^ 

Ree-i 1 Aprill 85 



Goveimor Dongan to IS'ir John ]Ve/'den. 

[From "New York Colonial Documents,' V^ol. III., p. SfiG.] 

Honored Sir [li'xtraHt^.] 

. . . . Billops Plantation is opposite to Amboy and, 
if vessells bee permitted to come there, and not enter at 
New York, it will bee impossible to hinder y" pntting 
goods ashore on Staten Island. There was a report that 
he intended to sell it to one of East Jersey, I think it 
would doe well if yon please to look into the last patent 
of East Jersey to see whether shipping bee obliged if tiiey 
come in to Sandy Hook to make entry at New York, tlie 
Quakers making continual pretences to Staten Island dis- 
turbs the people, more than 200 familyes are setled on it. 
And in case His Poyall Highness cannot retreive East 
Jersey, it will doe well to secure Hudsons Piver and take 
away all claim to Staten Island 

. . . . There is noe way to prevent [y*" trade] 
y*^ Indians had with East Jersey, but by running the line 
from Hudson's River to Delaware and then take some 
course with the Indians not to ffoe into the bounds of East 



1 This letter is printed in Chalmers' "Political Annals of the United Colonies," as 
well as Uieone that prompted it, (pa^es C27-8.) with tlio remark : "Colonel Donsaii'a 
spirited answer probably contributed to pi-noure his recall, through the intlnence of 
his opponents with James II." See "East Jersey Under the Proprietary Goveru- 
ments," 2d Edit., page 143. Eu. 



1^''' \K\V .IKKSIOV Citl.iiNlM, DoClMKN'IS. [1H85 

.Icr.sey, the bounds being already setled on Hudson V 
liiver, they pretendincj all along to the south sea as Conec- 
ticut did. If any Colony in tliese Parts will flourish this 
\*ill SIM' ; and I believe it better to make an end of all 
disputes tlian to dehiy thein .... with an assur- 
anee of my greatest respect for yon I sul)sfriite. Sir. Yonv 
atfeotionat oldigcd Scrv' 

Tno: ].)o.\(..vN 

The Lord Perth has Avrit me a very angry letter : the 
answer to it 1 desire von to send and ('(tnvev to him. 



From II 'lU'iiitii Jjofl'ii't'ii to Jhj'i't!/ (rocn'iior Lairru' and 
Other Proprhforx, Inforrn'nKi Tin m tloii flo Pvopr'tc- 
lorx HI I'jtijhnx/ had (rraniid J/lm ()ni Tlionsxnd 
Ai'Vi'x of Land, c(v-. 

I l''i<)iri Orininiil aiiiDiit; IIk' Mmhiisci ipis of W. A. Wliili'lu'iiit. 1 

]>oNi)'* April! «;"' it;s.-) @^ 
(ieiitlemen 

and 
K«dl(>\\ i^'ojirietoi's tSzr 

after my hearty Salutations wishing yon good health 
& prosperitie, theise are to a('(|uaint you that the Proprie- 
tors in England vt Scotland haveing considered <Sz been 
fulh^ convinced of the care t^' jiains I have taken in theii- 
Service for about a twelve month ]iast, (and findeing no 
fund of (^isli t(t present nu>) liave been pleased in lieu of 
money togi'atitie me with a 'i'housand Acres of good land 
such as my ( )verseer or Attorne}' shall looke out & choose, 
(e.xclusive of wast lands ».^- highwayes) I have therefore 
dii'eeted my Overseer (w'' the advice of a friend or two) 
that he doe aceoi-dingly lo<d<e out such a (|uantitie of land, 



1685] WAr. DocKwkA to hr.v. goW t.awrie. ■ 487 

either in one entire Tract, or in two ])laces, m'"' luav lie 
most convenient for me, not l)eiiii>' Surveyed to anv other. 

Wlien he has done this he avIII apply himselfe to von 
tlie Conj'issioners (appointed for tlie affaires of land) by 
liis petition on my hehalfe, delivering yon the .... 
Order (that aceom})anies this letter) for yo!' granting a 
Warrant for such land, that wheii it is Surveyed a Patent 
may he passed to me for it. Gent'.' 1 cannot donbt vol' 
Justice but will ho})e for the addittion of yol" favour espe- 
cially wiien those of yon to whom I am a stranger shall he 
rightly inform'd of me, by those anu^ng yon who know niv 
Fidelitie & cost to serve the Province, Craveing leave to 
say this for my selfe that for 2<)00 Acres niore 1 would lu.t 
in other matters spend tiiat time I have done this la^t 
yeare for East-Jersey, but 'tis uiy Inclynation has prompted 
me to be so very Zealous, And hope by the speedy passing 
yor warr* for such land as my Overseer shall looke out tV 
choose (a priviledge w'".'' the Proprietors have most cheare- 
fully allowed me i*e w"'out which I could not valine the 
present) you will convince & oblige me that you doe l)e- 
lieve my Service has been acceptable here tt I shall 
endeavour to render it acceptable to you there, if Pi-ovi- 
dence permitt me (as I intend) to i'e>^ide among you, 

I sliall not say more at p'sent. but refen-e you to the 
Order it selfe, not doubting yo!" ready complyance thei-e- 
with, and in the most advantageous sence it will l)eare on 
the behalfe of, 

(Tentlemeii, 

Yol' faithfull fri(>iul eV: Servf 



(^^i^ccnwnx^ 



To ]VP? Gawen Lawkik Dep^^' (rovei'iiour and 'i'o the rest 
of the Commissioners l''or granting Wai-r'." to Sett out 
Land Arc: In the J^rovince of East-new Jersev Tlieise 



48S 



NEW JERSFA' COLONIAL DOCrMENTS. 



[16S5 




Confirmation of Fonner Oirhrs l;/ thf Proprteiom of 
East Jevf^eij. 

IFinni llio Original in the Library of the New Jersey IIi^=toncal Society.] 

I\OT5EKT BAr.fLAY T^q'" 

Ooveriior and other 
tlie Pi'oprietors of tlie 
I*i(>\ iiice of East-Tsew- 
J ei'sey 

To all v'hom iJilx Wr/'i/'ng 
(lor-s or may Concerne^ 

GliEETING 

AViiEEEAS the right directing and ordering of the affaires 
of the said Province must needs goe from lience, and does 
ohlidge the sending over of severall Commissions, Instru- 
ments, Orders, and Instructions to the Deputy Governor 
and others Commissionated vpon the place. And that it 
often falls out by reason of the Proprietors being Scatred 
in severall places remote from one another, and other 
exegencies that no Considerable number of haiuls can be 
gott to Subscribe them vpon the departing of shipps from 
home and that yet delay of such things vpon that acco- 
might pi-ove of great (and almost in-ei)ai"able). prejudice to 
the affaires of the f^rovincc. Tlie Pr()])rietors thei'efore 
doe hereby declare For the Just encoui-agement of those 
who travell dilligently for the good of the Publicpie, and 
for the fixing of due Authoritie in then). That all commis- 
sions Instruments Orders and Instructions whatsoever, and 
every of them, that shall hereafter have the Scale of the 
Province affixed thereunto and the Hands of five whole 
Proprietors, or as many haveing shares in Proprieties as 
make vp y* valine whether Signed in England Scotland or 
KUe Where, shall be esteemed Authentiquc and binding 



1685] CONFIEMATIOlsr OF FORMER ORDERS. 489 

to all intents and purposes, Provided alwayes the Gover- 
nor be one that Subscribes and the valhie of another Pro- 
prietie in ScotLand. And that William Dockwra of Lon- 
don who affixes the Seale of the Province (or who else 
shall hereafter keepe y*' said Seale) be another that sub- 
scribes. 

And further j^ Governor and Proprietors doe bj these 
presents ratifie and Confirme y® severall & respective Com- 
missions Instruments, Orders and Instructions which are 
allreadj^sent and are hereafter mentioned, To be as Legally 
binding and eflfectuall according to the purport and true 
meaneing of each of them, as if all the Pro2)rietors hands 
were subscribed to the same, except where any Clause or 
part of any Commission lustrum^. Order or Instruction 
have been countermanded or altred by any succeeding 
Commission Instrument Order or Instruction 

The Accof of such Commissions Instruments Orders and 
Instructions followes Viz? 

A Commission to Pobert Barclay Esql" to be Governor 
17° July 1683. 

A. [Commission to Gawen] Lawrie to be Dep^ Gov [crnor 
dated] 27° July 16 [S3]. 

Letter or Instructions To Gawen Lawrie and Sam'! Groomc 
iSze dat in London [21^' of] September 1683 

Instrument about the Planters and others dat 21° Decem- 
ber 1683. 

A Letter of sundry Orders To Gawen Lawrie and fellow 
Proprietors dat: 21° X'"' 1683. 

The twenty four Fundamental Constitutions, and an In- 
strument concerning the power of Proxies dat 5° 8'' 
1683, And An Instrument conteyning y*^ Conclusion 
of the Additions and alterations of y® said ffunda- 
mental Constitutions Perfected to y^ 4"' of IVfarch 
168f, and repeated 17° June 1684. 

An Instrument of sundry Orders dat. 2'' January 168f 



490 M;\\ .IKKSKV Col.itMAI. DdClMKNTS. [IHS.") 

An Iiistniiiieiit of Dochii-atioii to tlie Planters iV:c dat . 

lVi'l)i-iiarv HlSii 
An ( M-ilcr aliout y*^ Settinii- out Land to small I'nrdiasers 

y' come to Settle i^'c dat 3. May ir,S4. 
An Order abont Imildinii- the Govei'iiors House liefoi-ev'" 

twenty four houses d;it 17" .June 1<!84. 
An ( )rder for alteration of y'' thirteenth Article of the 

Constitntions dat. L'2'.' -Inly lt;s4. 
An Order to y® Deputy Governor ^V (ommissionei-s to 

liave power in Sundry matters, dat. 1: Aui^ust 1(584. 
An Order for alteration of y'" third Article o[' the Consti- 
tutions dat. p".'" August 10S4. 
A Commission to (ieoro-e Keith for Surxi-yor (Tcnerali 

Signed in London S"' August 1684. 
An Instrument to y*^ Deputy^Governor cV: Commissioners 

for power to Conhrme Lawes, set out Laiuls. and 

(h»eing otliei' matters dat. tlie 13" ^^'ovemher 1*184. 
An Order about Gibbon and Jone's Lotts dat. 2<)" March 

1685. 
An Order about a Tliousand Acres Land to William Dock- 

wra dat. 27" March ir.sr.. 

Lastly the l^ro[)rietors doe liereby ratitie and Coiitirme 
y'' Severall and respective Commissions Listrum'." ( )rders 
and Instructions heiein mentioned, to be as Legall and 
Autlientick by refcri'ing to them l)y y** respective Tytles 
or Abstracts above wi'itten, as if they were verbatim 
expressed in tlie body of this Order. Ln AYittness where- 
of tlie )*roprietors have set their liands. ami AtKxed the 
SeaU^ of the Province of K.vs-r Jkrskv this Eh'a\enth day 
of May In the first year of King .lame> the Secoiid over 
Englaml vVc' Annoij: l)om. l<;,s."i 

Will.: Do(K\\K.\ Ci.km! Pi.i .mstkd li. 1)AK( iav 

Tiio: lioiM.NsoN Wai.tkk Bkntuai,!. Pkimji 

Tiio: Cooi'KK .I\Mi> 1>KA^^■ Tiio: Hart 

Ki.iz. (iiiiSoN Mi:i.i(iirr Tiio: Cox 

Tnol PiAKKKU 



16S5J MAY(>R OF NE^\ VOUK TO SIR JOHN WERDEN. 401 



Tlie. Maijor of Xeir York in Sir John Wer/hm. 

[From Louilon Public Record Office, "Xew York, " B, ]). .")7 : •' Maryland," B, p. 101. | 

Lett!' from y« May'" of N: York to S' Jo" AVerdeii 
HoNo^P S'.' 

By the Direcc'ons and Commands of onr Hono''.'*" Goy- 
erno we presume to give 3^0" tlie trouble of tlie Enclosed 
And desire it may bj yo'" hand be j^resented to liis Most 
Sacred Majesty Being onr humble and Submissive Ad- 
dresse from tliis his Ma"?* Citt_y of I^ew yorke to Condole 
the Losse of our late most Dread and Gratious Sovereigne 
and Congratulate his Ma".*"* Peaceable accession to the 
Crowne, which wee heartyly rejoyce att, And wish his 
Majestie A Long peaceable and prosperous Reign over us. 
Wee begg your Pardon to Offer one thing further and that 
yo" will i^lease to make his most Saci'ed Ma^f acquainted 
therevrith That Since his Maf^f hath been pleased to Sepe- 
rate Delaware and the two Jersyes from this his Govern- 
ment of Newyorke this Citty has Apparently and Extreamly 
Suffered in the Diminution & Losse of its trade being 
thereby Deprived of att Least one third parte thereof : 
And hath ever since mucli Lessened & Decayed both in 
number of Inhabitants Rents and Buildings and his Ma".*" 
in his Revenue likewise Suffers thereby. And the remaine- 
ing parte of this Province when Lesse able the more 
Burthened which with greate AVillinguesse and Submission 
they beare. ]^)Ut Now hope that this appeareing to his 
Ma*A^ He will hiid it Consistant with tiie Ease and Safety 
of his Subjects and his Ma"?'* Interest and Service to 
reunite those parts and Enlarge this Governm' Eastward. 
And Confirme and Grant to this his Citty Such Previ ledges 



402 NEW JERSEY COLONIAL DOCUMENTS. [1685 

and Iin'iinityep as may againo make it tflnnrisli. and Eiiorcaso 
]iis Ma"^'' Revenue. Wee Iccmain. 
llono''!'^ S!- 

Your most Immblc Servants 
tlie Mayor Aldermen ife ])rincipai] officers of 
the Citty of New yorke. in wliose be- 
lialfe I subscribe. 

[G. MiNUiELL''] Mayor 
Kow yorke ^h\y 1?V?' 8'). 

T(. The IIuno"."'S'" Jonx Weuden Kn' Att Wliitball P'"sent 

[JuuJoi'.^nJ :] Received 12'" July 1G85. Read July 
15"> 1G85. 



Order of Proiirietors of Ea^t Jersey for Laying Out 
Lands, and Censuring Deputy Governor Lawrie and 
Thomas 11 ud yard. 

[From the Original in the Library of tlio Now .Terscy Ilistorical Society.) 

The Govei'Ror and Proprietors of PJast Jersey 

to the Deputy Governor and Comniis- 

[l. s, I sioners appointed or to ]je appointed for 

the setting: out of Lands, and other affares 

reLateino' tlioreto in the said Province. 
Greethiy 

AViiEREAS the Pros])eritie and advance of the said prov- 
ince doth in a £i;reat measure depend vpon the Speedy and 
casey Plantiiiii: of the same and v])on the due and equall 
Setteinu; forth of l^ands tliat both the Pi-oprietors them- 
selves and those concerned vnder them may have a ready 
acfesKC thereto, and all others disposed to Settle in the said 
Pi'ovince, either liy Purchase of Lands oi" taking- them vpp 
vpon lients may be answered without delay and all things 

1 As piiiilfil ill • -Ni-w V(irk Colimial DoniuifUts.' N'ul. IIL. p. :IG1 : tbc copy fioiu 
Enghiuil ticiii^; wilboiit auy signature. Ei>. 



1685] ORDER FOR LAYING OUT OF LANDS. 493 

relateing both to the one and other may be done Justly & 
equally that whosoever comes to possess Land in the said 
Province may assuredly rest in the Security of their Tytle, 
the Proprietors after mature deliberation haveing fully 
Considered the methods vsed in their Neighbouring Prov- 
inces and the Instructions from time to time granted here- 
tofore have now fidly determined that the rules after 
following shall for the Space of three years next ensueing 
the twentie [ninth i] of September next followeing the 
date hereof, and for so long after vntill it shall be other- 
waies appointed and published, be followed maintained 
and pursued in the disposal! and setteiug out of all Lands 
in the said Province without any Alteration whatsoever. 

1 . . . . That no Land be treated for or disposed of vpon the 
Proprietors Account by Sale or Pent but in oj^en Office. 
The Deputy Governor and Surveyor Generall for the 
time being and a Quorum of the Conniiissioners ap- 
pointed for that end being present. 

2.... That all money and other vallue received for Land 
sold and all Pent whatsoever be paid to the General 
Receiver for the Proprietors vse and to another person. 

3 . . . . That no Land be sold or sett to Pent below the 
price iixt in the first Printed Proposalls Yizt^ Two 2:)euce 
p. Acre p. Ann. for Rent or ten pounds Sterling for 
each hundred Acres purchas'r payeing Six pence Eng- 
lish for every hundred Acres [yearlye] Quitt Rent the 
purchas money to be paid at the receipt of the Patent 
vnder the Scale of the Province and the rent to Com- 
mence from the next Twentie fifth [day of] March after 
the Sealeing the Lease Proa^ded that there be a Family 
consisting of at Least, three psons where of two to be 
able workeing hands vpon every five hundred Acres of 
Land within one year after the Pattent or Lease Sealed 
And that no one purchaser be allowed to buy or take 



1 Woid.s or letters withiu brackets defaced in the origiual, and snjiplied from the 
printed copy in '• Grants and Concessions," p. 'Ml. Ed. 



4'.t4 NKW .IKKSKV CoI.o.MAI. Imm IMKXTS. [1685 

vj)|) vitoii llvwl above one Tlioiisiiud Acivs in one place, 
lint where there is any })arcell of clioiee I.and that may 
deserve more money <»r lient, it is left to the aforesaid 
Conimission[e|rt5 and they Viz! The Dep'*' Governor and 
Comniissionrs ahove mentioned are hereby Authorized 
to sett the valine Provided the Sale of such be not a 
prejudice to the Sale of Adjacent Lands. 
4. . . .That each whole Proprietor, or one haveini^ a halfe 
Proprietie, that is one Forty eighth i)art of the Province 
shall vpon [his address (or his] Agent or [proxie] for 
him) [to the] Dep'^ Governor and Commissioners afore- 
said have a Thousand [Acres of] Land set out to him he 
l)eing ready to settle there vpon a Ifamily with three al)le 
workeing hands at least, and every [one] haveing a 
Lesse Share in a Proprietie shall have I'ive linndred 
Acres set out upon the Termes afoix'said and so be 
admitted to the possession of a Tousand Acres, or five 
hundred Acres respectively untill the said Proprietie 
have Arrived to the Number of Ten Thousand Acres 
at which time they Shall Stopp for three years vntill 
other Proprietors have time to come vpp to the like 
(piantitie with them but after the three years is expired 
from the time of Settlement vpon the last portion of the 
first Ten Thousand Acres, such as will shall be admitted 
to the possession of other ten Thousand Acres Notwith- 
standing [of] any not haveing taken vpp their lirst Ten 
Thousand I^kovided they settle y*" double number of 
Familyes, Pro rato that they did in y'' tirst settlement 
Viz!' every whole or halfe Proprietie a Ifamily with three 
workiuir hands vpon each live hundi'cd Acres and everv 
small Purchaser a family with two woi-keing hands vpon 
two hundred and tifty Acres, or two such familyes vpon 
five hundi-ed Acres. And that this method may be 
strictly observed it is ordei'ed tliere be an t'xact account 
kej)t by y'" Cheife Register of all Acres of lands sett olf 
to each J*ro]>i'iotie by vertue of this Order, or those Con- 
cerned in it that there may be a stopp made when y 



1685] ORDER FOR 1>AYING OUT OF LANDS. 495- 

imniber of Ten thousand Acres is fultilled. Providkd 
all wayes that whatever number of Acres is or shall be 
taken vpp by an Proprietie or those concerned vnder 
them, oi' laid ont for them by y'^ Surveyor or entred in 
y*^ Secretary's Office before y*" publishing of this Order* 
shall be reckoned & Applyed to y*^ person concerned 
towards y® makeing vpp of y*" first Division of Ten 
Thousand Acres to a Proprietie, Also hereby tlie Orders 
for Land to W'l' Dockwra dated 27° March and 14" May 
last and y*: Order to David Barclay of the same date, as 
also y" Instrument dated Febi-uary 168^ and third of 
May One Thousand Six hundred Eighty four in favour 
of small Purchasers is ratified A: the Land which is 
appointed y'" by vertue of those Orders is hereby Con- 
firmed to them over and above such other Land as shall 
be sett out to y*^ said William Dockwra before y*^ Arrivall 
of this Order, and wee further appoint that where any 
of y^ said Proprietors shall offer to Settle a Familv 
qiiallified as above in the Second Division, that is two 
familyes with three workeing hands to each they shall 
have five hundred Acres more yeilded to them so loner 
as the ten Thousand iVcres of that Proprietie (they are 
concerned in) wants to be made vpp and in res|)ect that 
Such Proprietors as take vpp their Ten Thousand Acres 
may sell them off intirely and so destroy y^ nature of 
the Proprietie they shall be oblidged to retaine to them 
their Heires and Assignes as Proprietoi's sucli a Share 
thereof as by y*: thirteenth Article of the fFour and 
Twenty ffundamentall Constitutions is thereby intended 
to be held as iiulis])ensil)ly annexed to y*^ Proprietor- 
shipp. 
5, . . .That in order to yf Kegular ])lanting of the Country 
the land be set out as often as it can be in Plotts or 
Towne Shipps according to the best methods of (uir 
Neiglibouring Collonyes whereof wee are assured there 
are good examples in Poisilvania and Long Island, as 
for Instaiu-e five or Ten Thousand Aci'es in a Towne 



41)0 NEW .JERSEY COLOMAL DOCUMENTS. [168.") 

6lii])]> to 1)0 taken vjtp ])y ten or Twenty iVainilyes, tliat 
is tii\'e liuiulred Acres to a ll'amily, tlie priviledge of the 
i:;reat an<l lialfc Pro))i'ietors excepted ot liavein<; a Thou- 
sand Acres allowed to one family, And wee do Seriously 

' reconnnend it to the I)e])uty Governor and Commis- 
sion™ and in a Si)eciall manner to the (Tcnerall Surveyor 
that such })lotts may be run out and the divisions marked 
before hand so as to be in readynes when either tlie 
Troprietors or other people may demand Land, as we 
are certainly informed is done in some of our ]S^ei<^hbour- 
inj^ Provinces by number, as, one, two, three, four, itc. 
That such as comes to view the place may Choose the 
nundjer and pay the Surveyor his ffees and have Access 
to Settlement without delay. 

()... .Tn AT wherever there is a convenient Plott of Land 
lyin<^- toi^ether contayninii; Twenty four Thousand Acres 
as we are infoi'med will moi'c especially be at Jjarneg'ate, 
it be devided and marked in Twenty four ])arts a Thou- 
sand Acres to each Proprietie and the parts being made 
as e[(pi]ally as can be for (juallitie and Scituation. The 
first commers presently settleing is to have the choice 
of the Divisions, and where s[eve]rall Stand in that 
respect vpon equall termes and time of Settleing it be 
determined by Lott allwayes Provided the Age[n.ts a]nd 
Proxies of y*' Absent Pro]M-ietors who offer to Settle, be 
called and admitted to act for their Principals equally 
with those [present] and tliat such Proprieties as are in 
the right of Miners or Widowes which as by accident 
may want Proxies or be Ign[orant of things] there nuiy 
not be prc^udi|ced, an]d yet such plott may not remaine 
vnsettled the Dep^^ Governor and Commissioners [are 
allowed to let small Parts in the chief Places of Settle- 
ment] upon the Shares of Such Proprietors at [some 
small I'ee Farm p^/' Annvin, to poor Families] (not 
exceeding Sixty * Acres to a family) to Secure the 

1 Fifty, as printed in I.uamiug &, Spicer's " Giants aud Coucessious," p. '^10. 



1685] ORDER FOR LAYIN(f OUT OF LANDS.' 497 

Quaiititie. And if in seven years no care be taken 
[by the Parjties concerned in that Division or Share to 
Settle. That then any other Proprietor ottering to Set- 
tle vpon the Conditions a[bovemen]tioned may have 
accesse to jjossess the Share (or part thereof) in such 
places as a j)art of the first or second Ten thousand 
Acres to a whole Proprietie. And it is here to be 
minded that in any Such Settlement of Twenty four 
Thousand Acres such small Purchasers as have allready 
Received their full proportion of Ten Thousand Acres 
shall not pretend Access thereto but it shall be reserved 
for two years (after Surveying ready for such Concerned 
in that Proprietie, who have not yet received a Share of 
the Ten Thousand Acres) which time being expired, 
those who have their full first Pro})ortion shall have 
Accesse thereto as part of the said Ten thousand Acres 
vpoi\ the Termes of Settleing more as above. 

And whereas for defrayeing of necessary Publicke 
Charges there has been Severall liates laid as a Tax 
vpon each Proprietie at Sundry times v'v/}- Ten pounds 
on each Proprietie (and so ^yo rato) vpon the 29"' of 
June One Tliousand Six hundred Eighty Three. Five 
j)ounds on y'^ 292 January One Thousand Six hundred 
Eighty three, Five pounds on the 29-2 July One Thou- 
sand Six hundred eighty four. Ten pounds on the 24*^ 
of October One Thousand Six hundred Eighty four, and 
Ten jjounds on the 12 of June One Thousand Six hun- 
dred Eighty fine. It is hereby dechired to be the true 
intent and meaneing of this Order tliat no Fand vpon 
the first and Second Division shall be laid out to, or 
possest by any Proprietor, or Shares in a Proprietie 
vntill he hath first i)aid sucli full Arrear of Tax as hath 
been or shall be from time to time laid vpon his Pro- 
prietie or share for necessary publick Charges, but such 
non payment of Arrears shall be a Sufficient Barr and 
Exclusion to such person or persons from haveing any 
Land sett out toliim or them vntill he or they have fully 



498 NKW JERSEY f'oI.tiMAr, Di >( IM ENTr^. [1685 

paid, and Satisfied what he or they owe to the ]>iiblieke 
Stock as aforesaid, — 
7.... WJieret'er tlicrc is an Etrordinary clioiee spott of 
Land so esteemed by tlie Surveyor Generall or any two 
of the Commission? eitlicr for tlie exeellencie of Soyle 
or advantage of Scitnation it shall be reserved for the 
J(»ynt Interest of all the Proprietors, and east in an 
e(juall Division, or if it be such as for the smallnesse of 
it (oi- any other reason) eaiiiiot be so ordered, it shall not 
be medled with vntill the [)lnrality of the J^roprietors 
are advised thereof, that by them it may be determined 
whether after a valine be put \ j)on it, as one Acre 
esteemed worth four or more ; it shall goe to such as 
will allow most to the rest for it, or where they will not 
do so, after the valine sett, it shall be determined by 
Lott, and as this should have been done in the notable 
Case of Cangoraza by Gawen Lawrie and Thomas liud- 
iard, so it is hereby declared by the (Tovernor and Pro- 
prietors, That they will not Lett that Land there which 
they have taken to themselves and caused to be sett out 
to them, go otherwise. Therefore for that Thousand 
Acres taken vp]) so much \ pou the water side, by Gawen 
l^awrie for himselte and sold to Cap' Palmer, Theare 
shall be Three Thousand Acres discounted to him of the 
five Thousand to be allowed him in the first Division 
for his lialfe I*roprictie, And for the Thousand Acres 
which Thomas liuddiard has gotten at Changoraza be- 
cause his part is bettei", there shall be discounted to him 
four Thousand of the ten Thousand Acres to be allowed 
him for J*ro])rietie in the first Division, and to evidence 
that wee do in this as wee would be done by wee are 
content to acce])t of it Severall of us Joyntly or some 
of us apart v]ion the same termes. And it is hereby 
declared that if theise termes are not presently accepted, 
that wee will as hereby we do Ileclaim all the said Land 
vpon Changaroza, or such Thousand Acres of him that 
does not comply as being vnjustly obtained and passed 



1B85] ORDER FOR LAYING OUT OF LANDS. 499 

against our positive Orders to the Contrary ; And do 
hereby dischar2;e all persons from inedleing therewith 
or settleing therevpon as thej will be answerable at their 
perill. And that there may he[re]aft[er be no] mistake, 
of this kinde, neither with respect to this nor any thing 
of the like nature in y® setteing out of Lands to y'^ Pro- 
prietors and others. And that all persons may proceed 
vpon tirm and good grounds and every person that pur- 
chases or rents Lands may be fully informed Wee here- 
by appoint this Order to be rirst read in Councill and 
then published through the Province, and. that a true 
Coppie be set vpp at the Towne House in Perth and 
one Coppie sent to each County Court next sitting (after 
arrival! hereof) to be Urst read there in open Court and 
afterwards set vpp in each Court House or such con- 
venient place where it may be read so as to render it 
most pablick to informe all persons whatsoever that are 
or may be concerned in the same. 

Lastly that every one may know the names of the 
Commissioners concerned in the business of Lands we do 
hereby jSTominate Authorize and appoint the Deputy Gov- 
ernor for the time being, David Barclay as Proxie for 
Robert Barclay Governor, Cap^. John Berry as Proxie for 
William Penn, Gawen Lawrie as Proxie for William Dock- 
wra, John Campbell [Proxie for] Lord Viscount Melford, 
Robert Ifulerton and Thomas ffulerton, David Mudye and 
James Johnson Proxies for Thomas Hart Thomas Barker, 
Clement Plumsted and Thomas Cox, And George Wil- 
cocks Proxie for Robert Gordon also Thomas Warne David 
Barclay and Thomas Gordon all Sharers in Proprieties to 
be our aforementioned Commissionrs together with all 
other Proprietors as shall hereafter come and live vpon the 
place and such other Proxies as wee and any Proprietors 
shall make hereafter, to whom wee grant our full power 
and Authoritie to act according to y^ Tennor of the Prem- 
ises agreeing and ordering that any Fiv^e of them shall be 
a Quorum, and the major part present to determine. 



500 



NEW .rF:KSET COLONIAL DOCUMENTS. 



[1685 



Given in London vnder our hands and Scale of the Prov- 
ince of East Nkw Jkksey this third day of July in the 
first year of the Reigne of Kiiii^ James the Second over 
Enirhind vfcc Anno Doin: 168.") 










'iT^—fCa 



^f^TK 



Taruat. R Blackfokd. Tiio*^ Cox. 

Elisabeth Giuson AValtek Benthal 



1 One si{n>aturo to the original cannot be deciphered. The same difficulty, proba- 
bly, led to the oiiiiHsiou of Ihe name when the document waH printed in " Grants and 
Concessions," p 'Ji:<. Em. 



1685] PROCEEDINGS OF NeW YORK COUNCIL. 501 



Order in Council Respecting New Jersey. 

[From "New York Colonial Dooumenta," Vol. III., p. 3(59.1 

At the Court at Whitehall y« 17 of July 1G85. 

By y' Kings Most E.\eellent Majesty and y*" Lords of 
his Ma" most hon""^ Privy Conncill 

A Report from y« Eight H(in""' y"' L* of y^ Com'^« for 
Trade k, Foreign Plantations being this day read at the 
Board in y* Words following 

May it j^lease yo'^ Majesty 

[Extract.] 

Wee have also received a Lr* from y^ Mayor Aldermen 
& principal Officers of y*" Citty of Kew York dated y*"- 
13'^ of May last setting forth that since yo"" Ma'^y hath been 
pleased to p''mit Delaware & y^ two Jerseys to be separated 
from y^ Gov™' of New York that City hath extreamly 
suffered hy the Loss of at least one third p^ of its Trade cfe 
hath ever since much decayed in the number of Inhabitants 
Rents & Buildings. And that yo*" Ma'^^* Revenue doth 
likewise suffer thereby whereupon wee likewise offer o' 
opinions that yo'' Ma'^y^ Attorney Genali may have direc- 
tions to consider the several Grants & Proprietyes of East 
& West New Jersey <k of Delaware aforemenconed & to 
enter y^ like writs of Quo Warranto against y^ respective 
Proprietors if he shall find cause it being of very great & 
growing prejudice to yo'' Ma'^* affaires in y*^ Plautaeon tfe 
to yo"" Customs here that such independent Governments 
be kept up & maintained w*'^out a nearer & more Iniediate 
Dependance on yo"" Ma*^ All which is most liumbly sub- 
mitted 

Rochester IT.mjjfax P. Clakkxdox C. P. 8 

Ormond Beaufort 

Council Chamber 15. July 1085. 

His Ma'*' being graciously pleased to up])rove of tha 



502 N'eW jkUsey colonial docimknts. [1685 

same is pleased to order and direct that y'' said Articles be 
iSc they are hereby i-eferred to S'." I^ Sawyer Xii' his Ma'-L" 

Attor^ Generall 

. . . . And it is further ordered that M'' Attorney 
(t™" do forthwith consider of y*' severall Grants A' {Pro- 
prietors of East A West I^ew Jersey & of Delaware A: 
entei' y'' like writts of Quo Warranto against y*" i-esjiective 
Proprietors thereof if he shall find cause 

WlLLL\M IjKIIX^.KMAN 

Mem: \Kii/'acf.] My Lord President is desired by the 
Eight Hon"'*" y« Lords of y^ Com'*''' for Trade and Planta- 
cons to move his Ma^^^ that the directions to M'' Attorney 
G™'' that y*" prosecution of several writts of Quo Warranto 

against y'' Projjrieties of East tfe 

AVest New Jersey A of Delaware in America he renewed 
& thaty*" Same may be prosecuted to effect 

C.)uiicill Chamber 21 April 1G86. 



Or<l<i' to Keamine Ltio tin Aff'tdrs of I'Aist Jert^eij. 

(From tlie Original in tlie Lil)rary of the New Jersey Historical Society.) 

lloHKRT Barclay Esq? Governouk and one ok the 

^ ., l^ROPRIETORS of THE PROVINCE OF EaST NEW 

[l. S. -r , ,j 

Jersey* and other tmk Pi'oprietors of the 

satd Province. 

To the Proprietors and other our Com'issi oners for 

the time being for settino' out .•iiid (lisjxtsall of 

land and setling othei' affaii's There : 

Greetinc; 

AVhereas the Proprietors on this si<lc luulng long tyme 

1 RoiiKUT BAit("i-AY— the author of the celebrati'd work in Latin, cntitlcil 'An 
Apology for the true Christian Divinity, as the same is I'rcarhed anil held Fortli by 
the People, in worn, culled (Quakers ; " from which he ac(inired the appellation of 
" the Apologist " — was one of the original twelve Proprietors: and it was doubtless 
duo to his prominence among the (Juakors, that he was selected as tlie tirst (Jovernor 
of East Jersey— combining, as ho did, many (pialifications for the office, along with 
intimate relations with the King and the Duke of ^■oI■k. See ■" East Jei-.sey Under 
the J'roprietary Governments;" Aliboue's "Dictionary of Authors.'' Ed. 



1685] ORHER TO EXxYMINK KAST JERSEY AFFAIRS. 50S! 

expected particular acco^f of variety of tlieir concerns in 
their said Province, and have hitherto had only such gen- 
crall & short intyuiations of tilings as have rendred them 
uncapable to understand tlie state of their affairs there, 
Wee do hereby [with our full power ^] authorize and ap- 
point you our fellew Proprietors and Coni'issioners (and 
any five of you to be a Quorum ife the Major part to 
determine) vpon the severall heads hereafter following 
Viz! 

1 .... To inspect and audit the acco'f and receipts in par- 
ticular of Gawen Lawrie, of all quit rents sale of Lots 
or lands, or anj^ other mony or valine whatsoever rec*! by 
him on the accof of the Proprietors of or from any per- 
son or persons whatsoever as also to audit the acco'f of 
all other officers in y^ Province y? receive any of the 
publique mony or goods belonging to y*^ ProprieM'' 

2. . . .To inspect and audit the pajan^f and disbursem^** of 
the said Gawen Lawrie on the acco* of the said Proprie- 
tors of what nature soever they are, & the acco'f of all 
other officers that pay any mony or goods belonging to 
the Proprietors. 

3.... To examine all patents or grants whatsoever since 
the purchase of the s'^ Province by y*: Proprietors & all 
sales of Towne plots or other lands, and to send the Pro- 
prietors in a paper l)ook true copies verbatim of the 
severall and respective patents & grants of all lands that 
are or shall be past from y*^ beginning of the Proi)rie- 
tors concern until the twenty fifth [of] March next, by 
the next ship that comes away for London after the said 
twenty fifth March next, and that afterward a ti'ue & 
perfect coppy verbatim of every other patent ct grant 
that is past from one twenty fifth March to aiujther be 
annually sent to y*^ Proprietors in London as aforesaid 

4. . , .That a co])py of the ground plot of Perth Amboy & 
the severall lotts thereof be numbred & sent hither as 



1 Words withiu brackets interlined. Ei). 



.')04 NKW JKKSKY rol.oNIAI. DOCUMENTS. [1685 

also tlu' names to wlioni they are s^raiited and a report of 
the number tt description of every liouse built, or to be 
built in the said towne, to the twenty fifth March next, 
and who are the owners thereof and so annually from 
year to year what additions are built to l)e sent next 
Ship after every twenty fifth of March — As also a par- 
ticular of what houses, buildings, orchards or lands with 
tiie dcscri[)tion of the quantity scituation and valine of 
each, that are in other parts of the Proviiu-e belonging 
to y^ Proprietors ])ul)li(jue Stock — As also an Inventory 
of the Particulars and valine of all nioveal)les dc other 
chattels they have in the Province to be sent as aforesaid 
to the Proprietors. 

Given under the seale of the Province the one and 
twentieth day of October in the first year of the reign of 
James the Secoiul King of England Arc* Annoq: Doni: one 
thousand six hundred eightv and five. 

AV. D. 
Ci.km!' PLU^rsTKl) Tuomas Hart Proxie for James 

Tno* : Bakkku James Bkain Earl of Perth 

AVill: Doukwka E: Byija'xgi: Eord Chancellor 

Walter J>i:ntuai.l Tno. Cox of Scotland. 



Trsf'niiouy of Tlntofjn/ Ildlstrail diid Joti'iClh Z,<'lllh), 
Rclai'infj to T/n^lr Inicnxi in tin- EJ'irjiliPtlitoini 
PurcliiiKe. 

[Kroni N. V. ("ol. MSS.. in Sfcret:ivv nt St;ili".s ollicc. Albany. Vol. XXXII.. p. 183.1 

The testimony (^ff Timothy Hoist c^ad of llemstead in 
(Queens County Who declai'eth y' y'' purchasesers off Affter 
Kull (\'iz) Daniel Denton John .P)aylies h Luke AVatson 
did admit off my sclft" c*c my Protlior alsoe u])on ye dis- 
bursement off' four pounds a peice in l)ever pay to bee 
Associates . . . y'" ]iurchase in Case we liked A¥hich 
monv wee dislmrst'd tfor iiidcan trade which savd indean 



1685] ELIZABETHTUWN PUECirASE. 505 

goods went to the purchase off y* . . . land at Aft'ter 
Kull at y^ Request of y^ afforsay'^ jDurchasers We dislikinsj 
y^ place upon a view off it And they ingaging wee should 
bee pay*^ ffor our goods and we acknowledge y*^ wee have 
Keceeved satisffation of Dan^ Denton affors^ one off y" 
purchasers the whole sum payd by Selff and brother was 
four pounds a peece and two & six pence : 

Samuel Denton oft' Hemstead doth alsoe testiffy y* y^ 
above written purchasers did agree alsoe w* him upon y*^ 
disbursment off four pounds to bee an equal Associate av^' 
tliem in Case hee liked which four pounds hee pay'd in 
bever for goods y* went to the purchase off y^ s** land at 
Affterkull at y® desire off y'' jjurchasers they promising to 
Repay Mee. And I acknowledge y^ I have Received 
Satisffaction off Daniell Denton one of y'' s,'^ purchasers 
ffor y^ s^ ffour pounds : ffor y® ffour pounds above men- 
tioned Sam" doth testiffy y*^ Exactly to ye sum hee cannot 
so well Remember But is positive in this that hee pay'' 
Equall w* the purchasers. 

Sworn before us y*^ 17° November 1685 

Elias Doughty 
Richard Cornwell 

Justices in Quorum 

Timothy Holstead & Sam" Denton on the other side 
mentioned doe ffurther testiffy that y'' mony on y^ other 
side mentioned was payd to y*' indeans ff'or all such lands 
Containd in y^ purchase made by y*" purchasers on the other 
side Mentiond As well ffor Elizabetlitowne as y*^ Rest & 
ft'urther wee layd downe our Money ffor y^ purchas at 
Daniell Dentons Commending off y*^ place to us as severall 
others did upon incouragement ft'rom y*^ other pui-chasers. 
And never Received a ff'arthin but ffrom daniel Denton 
And y* Ambrose Sutton also was one off . . Company. 

December 5'*^ 1685 

Attested before Mee Richard Cornwell, 

Justice in Quorum. 



5(>6 NEW .lERSKA- COLONIAL DOCl-MKNTS. [1680 

Josiah Lettiii off oisterbay (Queens County totstitieth tliat 
when Daniell Denton, Jolin Baylies vfe Luke Watson did 
purchase Affter kuU so called off y* indeans that I went 
w' Dan" Denton when hee Carried y*" goods to pay ye 
]>urchase off" y*^ land And y' ISaniuel Denton & timothy 
llolstead *fe Ambrose Sutten was off y* Company 6c ]>ayd 
Mony towards ye purchase And I payd my Mony .Vlsoe 
towards y*" purchase to Luke Watson AVee being all off ns 
to have land iff" wc like ft'or our mony y' wee disbursd But 
I never Ileceived any satisffaction oft' Luke Watson nor 
any other off ye purchasers ft'or my s'' Mony that I layd 
out ffor y'' s"^ purchase nor ever had any Consideration in 
land or any other way taken upon . . . y® last day of 
March Annoq: Domini 108G 

Before Mee John Towxsend Sen! 

Justice off ye peace. 



The Proprieiofs of Jimt Jersoy^ in EiKJkmd, to the Depnty 
Governor and Couneil oj Pro])r'ietors in East Jersey. 

[From a conteiuporaneons certified Copy among the Manuscripts of W. A. Whiteliead.! 

, Robert Barclay Esq? Governor and 

) I one of the Proprietors of the Prov- 

"j ( ince of East new Jersey and other 

( Proprietors. ) ^j^^ Proprietors of the said Province : 

To our Deputy (xovernor for the tyme being and 
the Couiicill of Proprietors there. 

(tREETIXG. 

WuKRKAS the Proj)rietors resitling in Europe have found 
great inconvenience in collecting the hands of the Major 
part of the Proprietors to such Orders as have been neces- 
sary to send from tyme to tyme to the said Province, some 
happening to be absent (at great distance) when oj)j)or- 
tunity of Conveyance to East Jersey offers : by reason 
whereof their names cannot be put (in due tyme) to such 
Orders and instruments as are agreed to and recpiire dis- 



16S6] WILLIAM DOCKWEA APPOINTED AGENT. 507 

patch. Tliey therefore considering the fidelity of their 
fellow PropTietor William Dockwra and his constant and 
indefatigable diligence in their affairs do hereby (as the 
best expedient to redress that mischeif,) Order and appoint 
AVilliam Dockwra, for tyme to come, to affix the seal of 
the Province to all snch orders or Instrnm^'' whatsoever as 
shall from tyme to tyme be agreed on here, to be sent over 
to the Deputy Gov!' & Conncill of Proprietors in East new 
Jersey and that only the name of the said W'" Dockwra 
subscribed as Agent to Comp^ of Proprietors, together 
with such seal aftixed, shall be sufiicient to give them as 
ample and lawfull authority to all intents constructions 
and purposes, in all cases whatsoever, as if they were signed 
by the Major part of the Comp* of Proprietors or other- 
wise howsoever. Given under our hands and scale of the 
Province of East new Jersey this twenty ninth day of 
Aprill in the second year of the reeign of King James the 
second in England cV:c Annoq Dom: one thousand six 
hundred eighty six. 

Signed by Order of y® Proj^rietors 

Will: Dockwra Agent. 

being a true coppy of the originall ^ 



Agreement Between William Penn and the Kcecutirrs of 
John Fenwiehe. 

[From a Copy in the Library of the New Jersey Historical Society.] 

Sp^ver'll Things discoursed of & agreed upon between 
W^ Penn proprietor and Governor of y° Provence of 
Pensilvania and Territeres Samuel Hedge John Smith 
Richard Tendell Executors of M'' John Fenwicks that y^ 
said W" Penn being Properitur by Conveince or Dead 
from y*' said John Fenwicks May from time to time Take 
up Land Dispos of Land for y'' Planting and Improueing 

1 The original was signed by Robert IJarday, Thomas Cox, Thomas Barker, 
Thomas Hart, William Dockwra, Perth, Robert Burnet, James Braine, Melfort, 
Robert Gordon, Clement Plnmstead. Walter Benthall, Tliomas Cooper, Elizabeth Gib- 
son. Ed 



50S NKW .IKKSKY Cdl.oXIAL DOCUMENTS. [1686 

y'' Colinne ; Providing all ways y' y*^ Ears and asigns of 
y* said John Fenwicks have y'' Reserved Nunib'r of one 
Inindred and fifty thousand Eacers that y* Same May from 
time to time be Taken up planted or Dispossed of for y* 
yoiis apointed by his will for that porpns that y*' said 
Samuel Hedge and Richard Tindell and John Smith do 
Consend to and y'' said W'" Fenn yet y*^ Neck betwixt 
Salem Creack and oldmans Creake so fare . . . y* 
same is . . . Sold or Dispossed of by John Fenwicks 
shall be and is hearby a Loted to be Disposed of or Seatled 
by W'" Penn fi'om time to time for y*^ Royltes of Such 
Lands as are Disposed of he Makeing full Repris for the 
y* Same that John Smith agreeth to Resine liis five hun- 
dred Acers in y*^ Toun for 500 elswhare in y*^ Same Dure- 
dicktion Refareing to him a Dubell toun Loot Each Loot 
being fifteen Eacers the Remander to be Common till 
taken by warrents as toun Loots Except 60 Eacres for a 
Toun and a Comandachen to the Properitor W'" Penn that 
y'' Loot all Ready Laid out before y^ first day of y*' 8° 
month Tnsuing the Date hearof Seatled by the Respecktif 
owners els free to be Seatled by Others Paying y*^ Valiew 
of the said Loots as it is Judged in open Court, that there 
May be a General Warrente granted by y*^ said W'" Penn 
to y*^ Surveying of that tenth Liabeling him to Resurve}' 
all Tracts Complated of as More then Mayen to his Egent 
for y*" time being dated Sealed on the 13"' of y^ 2"^ Month 
16si 
Samuel Hedo W" Pknn Aktiiur Coock 

John Smitu James NKAWKrr.. Rfcuard Tindell 



//i.s//->/r//'o/)stfjvm James, Earl of Perth, and Others: of the 
Projyrietors, to Captain Andrew I/amilto/i. 

(From Copy among the Manuscripts of W. A. Whitehead.] 

AVke James Earle of Perth, John Viscount of Melford, 
Roliert Pairlay of Trie, Robert Gordon of Clnnie, Rob* 
15iinR't of Letlienty, and David tfalconcr Mer""' in the 



1686] 



INSTRUCTIONS TO ANDREW HAMILTON. 509 





Kingdoiiic of Scotland, and AVilliani Dockwra mercli'^ in 
London haveing right title and Interest in the stock after- 
mentioned advanced by us with some others to be settled 
njjon a plantation to our behoofes in the province of East 
new: Jersey in America doe fully and Amply impower 
warrand and, and authorize by this our Com'ission under 
our hands and seals, our trusty and wel beloved friend 
Captain Andrew Hamilton ^ Merchant in the Kingdom of 
Scotland now bound God willing with the first opportuni- 
tie from England to the said Province, That when it shall 
please God that he Arive there, he shall make Dilligent 

1/7 ^ is first mentioned, in the "East 

Jersey Records," as being interest- 
ed ia ten servants, who arrived in 
March, 1683 ; but it was not until 
he was made the bearer of this 
paper that he embarked himself for the I'rovince, with whose affairs he conliDued 
to take an active interest until his death, on the 26th of April, 1703. He was highly 
esteemed by all the best citizens, and was generally in prominent positions. It is not 
exactly known how long he remained in the Province, as the agent of the Proprie- 
tors ; but he returned to it about the time that Lord Neill Campbell ariived as 
Governor, in the Autumn of 1686, " transferring his family towards the improvement 
of his plantation." "Whether a wife was included, is uncertain; for, after he had 
been in the Province some years, he married Anne, the widows of Robert Wharton, 
of New Tork, and daughter of the former Deputy Governor Rudyard. He may have 
manied again subse(iuently, for in his will his widow and legatee is called Agnee. 
He was made one of Lord Neill Campbell's Council, and succeeded him as Deputy 
Governor. In 1689, he returned to England to consult with the Proprietors there, and 
on his way was taken prisoner by the French, and detained by them for some time. 
Governor Robert Barclay died in October, 1690 : and, after an intermission of two years, 
during which were made the inoperative oppointments of John Tatham and Joseph 
Dudley, Hamilton .succeeded him, returning to New Jersey in September, 1692. He 
served as Governor until 1698, when he was displaced by the Proprietors, through a 
misapprehension of the operation of an act of Parliament, and returned again to 
England ; Jeremiah Basse succeeding him in office. He was reinstated in ITOO, and 
continued nominally in power during the excitement and confusion which marked the 
close of the Proprietary Governments. He, also, filled the position of Governor of 
"West Jersey part of the time ; and, when he died, was, also, Lieutenant Governor of 
Pennsylvania. The Proprietaries ever evinced their appreciation of his integrity and 
ability; and ihe chaiacter of those men who were generally opposed to him, is addi- 
tional evidence that he was deserving of their confidence. Ho had one son, John, 
who held, in after years, several offices in New Jersey. When Governor Hamilton 
was in England, in 1692, Thomas Neale, who had obtained a patent to establish post- 
offices in the Colonies, appointed him his deputy. On his return to America, he 
brought the subject to the notice of Governor Fletcher, of New Tork; and subse- 
quently the Legisl.ature passed an act to carry out the project in that Province, and 
for some years before his death Governor Hamilton was Poatm.xstor General for New 
Jersey and Pennsjlvania, and perhaps other of the colonies. — "East Jersey Under 
the Proprietary Government.s," 2d Edit. Eu 



510 XEW JERSEY COLONIAL DOriMKNTS. [1686 

euijucrv Into the particulars aftiTuieiitioned, that at his 
retunio ho may l)riiig with him to us a Clear A: exact 
account thereof, And ut" all and cvcrv one of them as is 
underwritten. 

Imprimis we I)<»c hereby Authorize him to Call before 
him, our friends dohn Ilantoii ami .Tolm lieid ^ persones 
Jmplojed by us as overseers of the Stock of Nine hundred 



' //<T^r.(^,-S^ 



appears to have been a book-seller, in Ediu- 
liiirgli. when selected by the Proprietaries 
to take charm' of " party of emigrants', sent 
[ / V to Kast Jersey in Kit':}. A nieniorandiiin, 

V/ written by himself, in the possession of his 

descendants, gives the following information respecting himself and family: His 
father and grandfather before him were gardeners, and he was born at Mildrew 
('astle, in the parisli of Kirkliston, on the i:Uli of February, ICJJ ; and when twelve 
years old (1C(>"), was bound apprentice to a wine merchant in Edinburgh. His 
•' master" dying, ho returned to his family, in KiTU ; hut his father being dead, and 
his mother married again, he "went to learn the art of gardening " the ensuing year, 
seeking improvement in the " famous Hamilton (Jardens." At this time he became 
a (Quaker. After sojourning a wliile at Drummond, he went, in Ifi'ti, to Lawres, alias 
Fording ; where he wrote a book, entitled "The Scotch Gardener," and, in 1(>78, mar- 
ried Margaret, daughter of Henry Miller, of Cashon, in the pari.sh of Kirkintiloch. 
She was eleven years his senior. Previous to leaving Scotland for New Jer.sey, three 
daughters— Anna, Helen and Margaret— were born to them. They embarked at 
Leith on the 10th of August, Iti.-i:}, and pro(^eeded, the next day, to Aberdeen; 
whence they sailed on the -Jtith, and were " lauded on Staten Island the 19th Decem- 
ber ; went to Elizabethtown the 23d, and to Woodbridgo the 10th January, 1684.' 
His youngest daughter, yet an infant, died on the 15th, and was buried at I'erth 
Amboy the next day; and, on the IBth, they took up their abode there in a house 
"in the field." His son, John, was born there in July, IfiSti. On his arrival, Mr. 
Reid became Dei>uty Surveyor: and an engraved map, drawn by him, of lands on the 
■Raritau, Millstone, Kahway and South Kivers. and other localities, is in the library 
of the New .lersey Historical Society. For this map, he was granted a tract ot land 
in Monmouth, named '' Hortensia ; " and the memorandum, referred to above, records 
his removal thither in lt)«(>. I'p to this time lie had acted as clerk el the Amboj- 
(Quaker meeting. In 170H, he became connected with the Church of England. In 
that year he was appointed .Surveyer General. He died March Kith, n-2;t. aged si.xty- 
soven ; and his head-stone is still standing m Tojianemus, near Freehold. Mr. Ileid 
was repeatedly elected a member of the (ieneral Assembly, and appears to have been 
much respected. His daughter, Anna, married John Anderson, who filled several 
important iiositions, and, at the time of his death, in 173(), was President of the Conn - 
cil and Acting (iovernor of the Province, in coii.se(|uence of the death of (Jovernor 
Cosby. One of their sons was named Kennelli. His daughter, Helen, married the 
Kev. John Hartow, of Westchester. New Vork, and left several children. His only 
son, John, studied law in the odico of John Chambers, one of the .Justices of the 
Supreme Court of the Province of New York, and afterward practiced at West 
Chester; was Surrogate of the county from ITiii) to 1764, and died at AVestchester, in 
1802, aged eighty-.sevon, "beloved and respected by all. "—'■ East Jersey Under the 
Proprietary Governments;" "Letters from Morey JI. Bartow,' a descendant; 
" Contributions to History of Perth Amboy. '' Eu. 



1686] INSTKUOTIONS TO ANDREW HAMILTON. 511 

pound Starling-, value in England Committed in the year 
16S3 by lis to our friends David Barclay Merchant now 
Deseassed and by him put Into their hands in money 
goods, Corne, Cattle, and servants for settleing a plantation 
to our use, there to be Informed by them in the several I 
particulars aftermentioned & every one of them, that he 
may bring unto us an exact and true Account of them. 

First we doe Impower and authorize the said Capt 
Hamilton to Call for a sight of our Instructions — given by 
us 1688 to our said overseers, John Ilanton and John 
Reid, and to take notice particularly wherein our said over- 
seers have observed them and wherein they have neglected 
them And to returne to us a particular Account thereof. 
We have here beside our selfs Coppies of our said Instruc- 
tions too Long here to be repeated, so we referr him to the 
originall pappers in their owne hands And from themselfs 
to send us notice what is Done by them in every particular 
of the said Instructions, and what is undone thereof with 
the reasons of the same. 

Item to encpiire what 2>latt of ground they wer each of 
them setled upon and where it lyes, and how many acres 
it contains. 

Item to receive from the said John Reid a Map v£ 
Ground plat of both tlie said plantations taken up by the 
saids John Ilanton and John Reid as it lyetli and as they 
are bounded. As also to bring a Coppy of such Patent as is 
passed for all the Lands they have on this Joynt Stock, 
And in caise there be any weaknesse or Defficiency in such 
Grant or Grants, that he will procure such further or other 
Patents as may legally and effectually intitle unto all such 
Lands. 

Item to enquire into the Conveniencys of each Planta- 
tion naturally in reference to corne feilds meddow grounds, 
wood [and water ^J with its Inconvenien[cies]. 

Item to enquire how many servants wer at first granted 
to them with their name [or names ^| ages ife Cluiracters & 
what stock of money & goods Corn and .... of 



.">12 NEW JIORSEY CULuMAL DOCUMENTS. [1686 

Cattle siK-li as horses, oxen, Cows Swine ^liee[) and the 
lil<(>, and liow inanj of each kind. 

Item to enquire from our said overseers, and also from 
(■iawen Lawrie Deputy Governor & sliarer in the said 
stock, in wliose liands, where, and in what kind of goods 
tlie rest of our said stock not intrusted into the hands of 
our said overseers lieth, and if any of it to be out in Debts 
re| latjing to our stock in whose hands such Debts are resting. 

Item to enquire at tliem what value in provysions and 
necessars was at first put into their liands. 

Item to enquire what houses they have built u})on the 
said plantations with the number and value of them. 

Item to en(|uire what improvement is made upon their 
said plantations, as what increase there was yearly by the 
Cattle, and what increase by the Corns, and liow it is at this 
Day, and what corn is sowen yearly. As of wheat, Barly, 
oats, Indian corn or the like and what other to this day. 

Item what nomber of Acres wer brought in and manured 
yeaj-ly, and what the first year, and how many are brought 
in and manured since yearly, and how many are under 
plowing at this day. 

Item to enquire how much ground may be expected to 
be so brought in and laboured During the time of their 
Indenturs. 

Item to enquire how the Increase of corne and cattle is 
yearly Disposed upon, and what our stock is increased upon 
that account at this Day. 

Item to enquire what Meddow ground are Inclosed for 
hay upon the said plantations and what (pumtity of hay is 
nuide yearly u])on them and whether the CVirne Feilds 
brought in under Labouring are not also Inclosed. 

Item to examine and take account of the fees resting to 
them, and to know if they be paid, and to appoint them 
to pay themselves out of the Countrey Debts resting to 
the said stock ; what they are not otherwayes already paid. 

Item whereas James Keid and [*eter watson, two fami- 
lies being a })art of the said stock were nevertheless setled 



1686] INSTKUCTIOA'S TO AMDKKW HAMII.TOX. 513 

by theiuisulves apart from -loliii ILaiiton iiiid John Reid, 
^vc Doc also Iinpower the said Capt llaniiltou to make 
enquiry after the phintatioii ii})on which they are settled, 
and to gett f roni John licid a njai)p or Ground plott there- 
of Descriveing how it lys and how it is bounded. 

Item to be Informed concerning this plantation and the 
state of it by encpiiring into the severall particulars whicii 
need not here to be re})eated. 

Item to enquire for 24:"' 16^! 2'' sterling due to llobert 
Burnet of Lethenty out of the said stock wdiich he ad- 
vanced to David Barclay on the Acco^ of y^ said stock at 
his then goeing over, for which Kobert Barclay of Urie & 
Kobert Gordon of Cluney Drew a bill upon the said David 
Barclay in August Last for the paying thereof out of that 
stock to John Lainge that not being a Debt Due personally 
by the said David Barclay but a Debt on the said stock, 
therefore we recomend it to the care of John hanton. and 
John Reid to pay that Bill to John Lainge who went over 
to the said })rovince in Gap^ Voorse Ship]) in August last 
out of that stock which will be allowed to them in their 
Accounts. 

Item we doe Impower and Authorize the foresaid Gajit 
Hamilton to take a generall Survey of that Avhole stock, 
in whatsoever hands it is. And to Consider the wdiole value 
thereof as it is now in their hands, and to re})ort to us the 
true state thereof with a particular returne to these severall 
proposalls abovementioned to be enquyred into as is above 
written. 

Lastly since we are Informed that John iieid and John 
Hanton have exchaynged their lotts in Ambo point with 
land in the Cuntrey, we Desyre to know from whose share 
that land in the Cuntrey is Deduced and U[)on what termes 
and of whonie they have it. 

In Scotland Dated March 26V 1686 

In London Dated June 4" 1686 
RoijT GoKuoN Perth R Bakci-ay BobT Jjuknet 

Meli<>ki> W" Dockwra David Falconar. 



514 NEW JERSEY COLONIAL DOCUMENTS. [1686 



77" Projn'titof'Sj hi JinyhduL to the Governor hikI ( 'oinicil 
of E(ut Jertmj. 

f Fioiii :in ori;4iiial ulliciul Copy aiiioDg the ilauuscrii)ts ol W. A. Wliilihoail. I 

Tlie late Kiiii^ Cliarles the second by lii.s Tres I'ati'iit.- 
iiiuU'i- the ureat seal granted to his p'sent MaH*^ then Duke 
(if Vfirke amongst otlier things all that tract of Land now 
called East new Jersey with all necessary powers of gov- 
ernment. 

The Duke of York h\ Indenture grants East new Jersey 
and the governml^ thereof to the Earl of Perth i*c twenty 
three otliers who liave granted many lesser parts to other 
p'sons. The Inhabitants except agf all the 2i Proprietors 
& other Proprietors of small shares their being Judges, 
Sheriffs Jnstices or Jnrynien on any Criniinall cases, which 
can be for no other reason bnt because the forfeitures and 
lines redound to the advantage of the Proi^rietors tfc in all 
civill causes wherein all the Proprietors in generall or any 
one in ])'ticular is interessed. 

(^uae — What ex})edient to obviate this Ol)jeetion 

Sol — Not to insist npon the dispoticall power the King 
of England and his assigns have in these new accjuisitions 
(because the Proprietoi-s will govern by the law of Eng- 
land) npon which the objection above is grounded, but 
because the Province has but a few peo])le at p'sent, and 
these scattered up and down in distant places who cannot 
attend publi(|ue alfairs without their great ])rejudices, and 
few of them are (lualliiied to execute the Offices of Judges 
.lustices or Sheriffs, so that there is a necessity of using the 
Proprietors in these respective Offices or else there would 
often be a failure of Justice. 

It is proposed. 

1 That all forfeitures lines and other penalties that 
shall be incur'd by any iidiabitants, or imjjosed uj)on them 
ill any Criniinall case shall be appropriated to the defray- 



1686] PROPRIETORS TO E. JERSEY GOV. AND COUNCIL. 515 

ing the publi(|ue charges of the Province, Such as Sahiryes 
of Judges &c* building bridges, making highways etc: and 
none of it shall be brought into the Private Treasury to 
be divided amongst them, 

This is conceived to be very reasonable in itself and 
advantagious to other people Inhabitants not Proprietors, 
for in all Capitall cases it is already provided by tlie Con- 
stitutions, — that no forfeiture shall exceed live hundred 
pounds in y^ wealthest man and so jjroportionably in other 
persons shall be abated down to five pound, according to 
their severall degrees & estates, Now its not possible nor 
ought to be ])resunied that any Proprietor will l)e guilty 
of so much inhumanity as to take away the life of any 
p'son unjustly for the sake of a very small part of such a 
forfeiture, which will not redound to the Projirietors 
advantage at all but go in ease of the Inhal>itants, who 
must otherw^ayes contribute the more to the publicpie 
charge abovementioned : the same reason holds in lesser 
Crimes punishable by tines only, wherein its not to be 
presumed Interest can byass any Proprietor that may be 
Judge Sheriff, Justice, or Jury man to do injustice to his 
neighbf when the profHt is not his owne and what he will 
save by it in his Contribntions to the governm!' w411 be so 
small as not to be worth the least inicpiity. 

Besides the punishments in lesser Crimes may be turned 
into Corporall ones or into Corporall or pecuniary at the 
election of the Criminal!. 

In Civill causes tlie Proprietors are not likely to have 
any controversy with the other Inhabitants exce])t in those 
eases, 

viz*^ 

1: Either for Quitt rents, 
2 Or for trespasses done to their generall ct pul)li(pie 

Interest, 
3. Or for trespasses or breach of contract in their 
private & p'ticular Interests of any particular 
Proprietore. 



516 NEW JKK>KV (iir.o.MAL I»(M 1MLNI-. fl'^'^'l 

A!^ tor Rents thev arc rt'st-rvefl bv Patent and aj>}tear 
upon record what and liow niucli they are, and the Kerei\ t-r 
(Tenerall is to give an ae([uittance for all that he receives 
So that is not very jxtssihle in this ease t'ur the Pr()j)rieturs 
to do wrong to any Inhabitant, but fur further ease tu the 
Inhabitants it is proposed that if the Proprietors are forced 
at any tynie to distrain for their arrears of rent, tlie Party 
distrained shall have a weeks tyine to Redeem the distress, 
and if they do not redeem it in that tyme, that then two 
p'sons of the same or the next towne (who are not Pnjprie- 
tors) shall sell the distress and pay the Proprietors and 
restore the residue to the p'son distrained upon, 

2 Trespasses ag!' the Proprietors in their Juynt and 
publick Interest, are like to happen so seldoine, that it is 
scarce wortli any provision ag| them, but however in such 
cases it is props'd that the two thii-ds at least of the Jury 
be Iidiabitants not interessed in any Pro{)riety. 

3 In trespasses or breach of Contract to or with any 
Pro])riet'' in his pi'ivate Interest, it can be no objection 
that any other of the Proprietors are Judges Sheriffs or 
Jurymen, for y*^ event of the cause is of no Conse(juencc 
to the rest of the Proprietors, A: the Proprietors may as 
well Insist that no Inhabitant should be either Judge, 
Sheriff, or Juryman wliere a Proprietor is co?icerned, a^ 
the Inhabitants may object ag! them where an Iidialiitant 
is Concerne»l, A: so no Justice shall be admitted at all. 

liesides the Proj^rietors ai-e mostly strangers to one 
anothei", linked only in their i)ubli(pie Interest, but wholly 
disunited in their private one ; vV' we ought not to think 
so dishonourably of humane natui-e as to believe all men 
to be knaves; l)ut rather encourage men to integrity by 
professing a handsom opinion of those we have to converse 
with 

The Proj)rietors have ordered this paper to be Sent to 
the (^ov"" iS: Counrijj In Kast .lei'sey In America 

I>ond" 14" . I line anno I»IS»» 

Wii.i.. Dot KUKA Aitent 



KlSOl LINE IJKTWKKN KAsT AXD WEST JERSEY. 



Mi/lilies of Coiinr'/I^ II (hi ill Xctn Yoi'l., Juhlfli'^' lo flif 
J. nil- lit'1'ini en /'.(Isl (tn<J 11 V.s-^ Jcffou/. 

I Fioiii u rinlilicd ('(ii)\ ill the Miliary ol' the New .Jersey Histdiical Sdiicly: I'lijiein 
<j| K. .J. I'aii-. ('. p. :n.| 

At a (youxciL li('I<l ill l-'ort .lames in .\V//- )'(irl.- Juik-; 

P"SK.\T 

'I'lio (iovernoiir ]Vf ffr ti1y])S(!]i 
J. Sj)ra_i(gc Capt. L. Laiitin M'.' Nicli! ]kyanl (iawcn 
Lawrie Es(|r Dep Govern' of East New Jersey, <Sc Joliii 
Skene Esqf .De]i Govern'' of West New Jersey, (with 
several Gentlemen, of both Governm^" in their Conij)any) 
ae.qiiainted the Hon'oble Coll Thomas Donovan, his Ma"'.''* 
Lieu"^ and Govei'n' of New York and its dependences, w*^'' 
their Inf/'ntioti'.s, to Run tiic J^ines of the thvpe (Toverni'." 
'\\\ which he (isM'tited., and J^rojioxal^ tf) them, that the 
nioxi JSorilu'rlii branch of Delaware River, according- to 
the Patent, should, lirst, be a<i'i-eed ui)on, and fixed ; ihat 
iho first (1(1 ij of S<'j)t<'iiih('r^ next after the date hereof be tlu.' 
day appointed for the Surveyors to meet, at the Falls of 
J)elaware Rixer, tV that which is the most Northei'ly 
I'ranch (»f Delaware River (if any (Jonti'o\ei'sie arise about 
it,) be determined, by the Vote of two of these three Sur- 
A'eyor, Gec^rge Keith, ^ Andrew Robinson h PJiillip Wells; 
that wiiat is concluded, by two of the said Surveyors, to 
be the Limits and iKiunds of tlu^ /> (i(»venii"', be so deemed 



1 Geouoe Keith. subMequeiitly of cousideralile note as a promiueDt Quaker, a 
niisHiouary of theEiiKlisli Chiircli and writer, arrived in East Jersey in Ifiri5; having 
been aiipniiited Surveyor (jleiieral of the l'rovin<e tiy the I'roprietors in Siotlaud. 
Ue did not enter upon his dutieH, however, iinlil some time after li is arrival. Jt \n 
thought that hisacijuaintance willi the Sculcli frojirietors grew out of the fact that, 
in 16d3, he was in eliarge of a school which a sou of lioheit Barchty attended. He 
lau the division line between East and West Jersey iu lti87 ; but two years afteiward 
removed to I'enusylvania, and accepted the superintendence of a school in I'hila 
delphla, and soon became eminent, both us a jireacher and writer, among the (Quakers : 
leading to the assumption of the post of leader, and the creation of a party which 
brought about great divisions and bitterness in a before united body. His course 
was publicly denounced at a meeting of ministers in Philadelphia in 169'^: but their 



518 NEAV JERSEY COLONIAL DOCUMENTS. [ICt^V) 

he so dceined and reputed ; ik the Sui-veyur to iri\e in tlieir 
Ke])orts nnder their liands. 

All wliieh Avas agreed upon, vt^ concluded 



Instriictimis from the Council, at Neio Yoi'l\ to PJi'il'ip 
Welh, Surveyor, Itelative to the Line Between New 

Yorlx (111(1 Eaxt Jeri<ey. 

[Pioiii aceitilied Copy in the Library of the New Jersey Historical Society; Papers of 
F. J. Paris, A, p (15.] 

At a Council Sept y'^ V} insC) 

P'sent M'" Stepli V. Corthindt the (Tovcrnu' M'' X. 
Bayard Major G Baxter J. Spragge 

The following Instructions were given to Phillip AVells 
Escpiire Surveyor of his MaM'." Province of New York. 
You are carefully and with exactness to run the line be- 
tween this Province and that of East Jersey beginning in 
the Latitude of 41 d: and forty m. upon Delaware River. 

that being done you are to make the best mark you are 
ablt; where the bounds of the Governm^ fall and to give a 
l)ractical i-epctrt thereof under the hands of your self and 
the other Surveyors concerned with as much Sin-ed as 
conveniently may be into tlu'. Secretary's otHce. And 
because it is very re<|uisite to know the nature of the Soyl 
you are also to take notice of and observe the nature of the 
Country^ and to give me a discription of it (liven under 
my hand at Fort James in New York this 1**' day of Sej)- 
teniber 1(58(5 

To Phillip Wells Esquire 

Surveyor General of liis Ma"*^* Province of N. York 

nc.tiou liad no elVfct 111)011 liim. Ho contiiiiicil preaching antl writin-; in support of liis 
views uuiil KJ'.M, when lie rcturneil to Kiijihintl ; and soon after, altlioui;h ho let-iiiued 
a cousidenihle iinniher of adherents, be ah.jiired the doctrines of the (Quakers, and 
became a zealous clerj^yinaii of the estaldished (Hiurcli of Kn;;land. Ho retiirne<l Id 
America, in 17(12, as a missionary from the Society for the Propagation of the (iositel, 
i<!ceivinj; an allowance of X.-XW per aniiinn. lie preached in all the (Jolonics. fioin 
Massachusetts to North Carolina; several places in New Jer.sey jnolitin;; by his 
ministrations. Mr. Keith eventually returned to Kiisland, hy way of Virginia, and 
received a bciietice in Sus.sex, where he died; continnin<^ until bis death to write 
Hgiiinat the doctrines of the Quakers. See " (,'oulributious to the Early History of 
Perth Aniboy,'^ &c., j). Iti, for a notice of bini, and for references to other works that 
allude to the events of bis life. El). 



lOSG] LmE BETWEEN EAST AND WEST JEfeSEY. 519 



Agreement Betioeen the Governor!^ of Ead and We fit 
Jersey to SuJmiit the Dividivr/ Line of the Prorincex 
to Arlritration. 

[From a Coi)y iu the Library of the Ni^w Jersey IliMtoricnl Society : P,ai)prs of F. J. 

I'arig, C, p. 47.] 

Snl)^nissi(>ii of the Line between East and AVest 
Jersey to Arbitrators.^ 
To ALL to whom These presents Shall Come, Robert 
Barclay Governor and Proprietor And other Tlie Propie- 
tors of FMst NeiD Jersey in America and Edward Pjdljnge 
Governor and proprietary of West Neio Jersey in Amei-ica 
Send Greeting WJiereefs The Said provinces of East and 
West JSTew Jersey Lye Contignons to each other, and The 
true Bounds of Either are not yet fully known, whereby 
The Ldiabitants of the Said Respective provinces are, or 
may be, prejudiced in Their Settlements, and The Respec- 
tive Governors Thereof be in doubt, how far Their Juris- 
dictions extends N'oio Knovi ye That for Remedy of the 
Inconveniencies above mentioned and of all other difficul- 
ties that may arise by reason of The uncertainty of the 
Just Limitts of both the said provinces a Division shall he 
wade of the said provinces by Meithes and Bounds at the 
Equal Charge of Both The Said provinces. And to tlint 
End Do here by order and Direct The Respectiv^e Deputy 
Governors for The Time being of the Said provinces 
Respectively to Nominate and appoint within one month 
next after Their receipt of these presents, or as soon after 
as may be Three persons or more not exceeding five, Being 
Lihabitants of Each province whereof The Surveyor Gen- 
eral of each province or their deputys Shall be two, and 
Three ])ersons of each province at least Shall be ])resent 
for The making Such divisions, and That Tiie persons So 
to be Nominated Shall as Soon as they can proceed to 

1 Recorded in " East Jersey Records," Liber B, p. 52. 



rt2<i \r,\v .n-'.RsF.Y coT.oxiAi. ixkimknt?. [lOsO 

luake ;is e(|iuil :i I)i\i>iuii ot" the Said pruNiiiees as tliuy 
Can according to tlic J>ost of tlieii' Judgment and Skill, 
and That whci'o it may he Conveniently done Thoy Shall 
make Rivers and other tlie most Notorious places The 
rMiiiiidaries of eaeli |)i'o\iii(H'. and if any disadvantage in 
(juantity of Land in The Judgement of the persons appointed 
to make Sneli Division, arise to either province by reason 
of making Itivers or other Remarkable places tlie Uonnd- 
aries tliiTcot', 'i'lie ])ersons who Shall make Such di\ision 
Shall have ]tower and are hei'eby Authorized to ai)jioiiit 
Such a Compensati(»n in Land, to Such ]>i'ovince which 
hatli Tli(! Disadvantage as may be Consistent witli The 
])reservation of the Division That Shall be made by Them. 
A ltd TJk Siiid fToiwniors; and proprietors do hei'eby fur- 
ther oi-(h'i- and dii-ect The persons appointed to make Such 
division Shall make an Exact renort thereof to The Said 
(Governors and Pi-o]n-ietors foi-thwith after it is adjusted, 
to The End Such an Effectual IMethod may be taken as is 
])i'oper for ('onfirnung and ])erpetnating the Same for the 
])eace and welfare of I'oth the Said provinces. /// iritnt'ns 
whereof The Govei-nor and proprietors of East New Jersey 
have to These presents Sett The Seal of their province, 
and The said (Governor of West New Jersey hath Si'tt his 
hand and Seal This fovrici'iiih <hn/ of Stpteiiilxr iti The 
Second ^'ear of the Reign <»f oui- Sovei'i'ign Lord King 
James the Second, and in 'i'he ^'ear of our Loi-d ( )iie 
Thousand six hundi'e(l and h"niJifi/ aiuJ S',.r 

En: ]ivi.i.v.\(;K 



1 'list I '/nil iif' ijir F<iftl/-p'rsf Dtijri'c of Xoi-f/i L<(tliil</,- nil 

1 1 iti1siiii\ liiri I'. 

I Knmi :i ii-rl ilicd Coiiv in tin' l.iliiaiy of tlii' New .Iit.hi'v nlstoiic;)! Societv : I'ii|i('r« 
111' F. J. Fnris. A, p. (Ui. | 

Rkcoi;i)i:i) the llH' of Xovend/ ir>s6. 

IJv two Sundry oltservations of the v^unns Mei'idionall 
Altitude made the eiglith and twenty ninth days of Sep- 



KISG] LINE T.KTWKKN NEW YORK AND NEW .TERjiKV. r»21 

teinber One thoustuid six liundred eighty Six it appeared 
and Avas manifest to Pliillip Wells George Keetli and my 
self observers that tlie fonrtieth and one degree of Northern 
latitnde upon Hndsons Ri\'er is one minute and twenty 
five Seconds to the Nortliwards of Yonnckers Milne and 
so falls npon the high Clifts of the Point of Tapaan on the 
West side of said River Witnesse our hands hereunto 
putt 

Andrew TIobesox 
PniLLir Weles 



Criiijicdte of (iorcmor Mori'h^ Relative to the Line 
Bet/ireen JVew York and New Jerneij} 

|Fiom a certitied Copy iu the Library of tlie New Jersey Historical Society: Papeii 
ofF. .1. Paris. B. p. 81.] 

Governor Morris' Proof of Agreemeut to Line 

By His Excellency Lewis Morris Esq'' Captain Gen- 
eral and Governor in Chief of his Majesty's Province of 
New Jersey and Territories thereon Depending iu America 
and Vice Admiral in the Same etc I Do hereby Certify 
that some Time in or about as I Believe the year 1085, or 
1686, Coll? Thomas Dongan then Governor of New York 
with some of tlie Gentlemen of the Council of New York 
and others met with Gawen Lawry, then Governor of 
New Jersey with some of the Gentlemen of the Council 
of New Jersey and others at a Place nigli which stood 
afterwards the House of Coll" William Merrett <>n tlie 
West Side of Hudsons River where an Observation was 
then made of the Latitude and mark'd with a i^en Knife 
on a Beech-Tree standing by a small Run or S})ring of 
Water that Run down on the North Side of the Place 
where I think Merrett's House afterwards stood. Some- 
time Early in the Begining of the year 1691. 1 Went and 



1 This (locumeiit is without (lute, auil probably was not executed until about 17-15. 
It is here inserted, a.s it refers to an event, occurring in 1685 or 1G8U. Ed. 



522 NEW JERSEY COI,o>flAL DOCtMENTS. [1687 

Itcinurk'd tlie s;iid Tree but do not Reiiiember what was 
the Latitude that was mark'd thercoii. Tliey went after- 
wai-ds to a House to the South wai-il of a Phice Call'd 
Ver(h"ieti<^e Hook andfn»ni tlicnce Southerly to a Farniar's 
House to tlie Northward of the Tapan Meadow at tlie 
Bottom of tlie Bay, I cannot particularly Remember 
whether Observations was inadc at one or Ixith these 
Bhices — l)ut I was told They tliore did A<^ree that the 
Mouth of Tapan Creek should be the Point of Partition 
on Hudsons Kiver — between, the Province of New Yoik 
and that of New Jersey. 

Lewis Morris. 



OhrKjat'ion of iJie Depitlij Gorernoi' (iu(J J^riqtf'ieiorK of 
Wed Jersey to Abide hij the l)vhfinin((t't<»\ e>f the 
Arhitrators on the Division Line. 

[From a Copy in tlio Lilir:iiy <>r the Now Jersoy Historical Society; PajuMs of F. J. 
Paris, C, p. 48.] 

()] (ligation of AVest Jersey i\utli(>rities 

Know all ]\ikn by These ])resents That wee John 
Skein Deputy Governor of AV^est Jersey, Samuel Jennings, 
Thomas Olive, George Hutchinson, IVFahlon Stacy, Thomas 
i^aiubert and J()se2)h Pope, All Proprietors and Inhabit- 
ants of the Said Province Acknowledge onr selves to be 
well and firmly Bound to pay unto the Lord Neill Camp- 
ble (lovcrnor of East Jersey, aiul Captain Andrew Hamil- 
ton and John Campble Proprietors and iiiliabitants of the 
Said ])rovince The Sum f>f tivt^ Thousand pounds of Law- 
full money of These jirovinces. I.\ AVftness whereof we 
hax'c liei'cunto put oui' liands and Seals This Eight (hiy of 
'J'he Eleveiith iMontli conunoidy called January One Thou- 
sand Si.v hundred I'^ighty Six,' J>eijig The Second year of 
King James the Second of Great ]>ritain and L'eland &c. 

TuE CoN'DiTioN of this Obligation is Such That Whereas 
There having been Several Meetings J'etwixt diverse of 

1 l(j^6-7. Tliisdocunieiit isrccoldeil in Liber B, " Ea.st .Ifi-scy llet'orils." p. 53. ED. 



1687] ARBIfRAfOES TO DIVIDE TIlE rROVINCE. 523 

tlie Proprietors of East and West Jersey in order to rnn 
The Line of Division Betwixt the said provinces, but not 
agreeing upon the Stations from whicli the Said Line was 
to Extend, it was by a mutual Consert of the parties above 
mentioned agreed to referr the whole matter in difference 
[and That without regard to any former Acts or deeds 
touching The Said partition Line] to be determined by 
William Emlcy and John Reid, And in Case They two 
Cannot agree upon it Themselves, That Then Tlie Said 
William Emloy and John Reid Should have full power to 
Chuse and appoint an umpire to determine The Same, If 
Tlierefm^e the said John Skein, Samuel Jennings, Thomas 
Olivee, George Hutchinson Mahlon Stacy, Thomas Lam- 
bert and Joseph Pope do Stand to and abide by The deter- 
mination of The Said William Emley and John Reid, or 
in want of Their determination Then to Stand to and al>ide 
by The Determination of The Said Umpire they Shall 
Chuse and appoint That Then This Obligation to be Void 
and of non Eifect or else to remaine and be in full force 
and Vertue, Memorandum. That the words on The Margine 
(and That without regard to any Acts or deeds touching 
the Said partition Line) was wi'itten, before the Signing 
Sealing and Delivery hereof — 

John Skein, Samuel Jennings, 

Thomas Olive, Geokoe Hutchinson, 

Mahlon Staov, Thomas Lamih;rt, 

Joseph Pope 

Signed Sealed and delivered in the Presence of us 

LIenry Greenland, 
Wm. Mount. 



Award of John Ite'id and W'dliain Kndcij^ Appo'tnifd to 
Settle the Line Between East and. West Jerxey. 

I From " East Jersey Records," Vol. C., p. 1H7.] 

Whereas the Governours & proprietors of East and 
West Jersey has wholly referred y*^ division lyne of y'' two 



r»24 NKW .lERSFA- COLONIAL IKX IMKNTS. [l^ST 

])roviiic(.'s to us (as by tlicir l)i)nd> dotli appeal-) 1'liat is to 
say given us full powoi- to i-iiiiii y' Same as wee tliiuk iitt. 
Therefore wee (l(t hereby declare that it ^h;lll iiinu frciin 
y'" north side of y'' mouth or Inlett of y" heacii of little 
Egg Harbor on a strcight lyne to Delaware I'iver noi-th 
north west and fifty minutes more westerly accoi-diiig to 
naturall j)osition iS: not according to y*" magnet wlutse 
variation is nine degi'ees Avestward.' 

Witness our haiuls this Eight day of -lanuaiT l*i^'^ 

Jon.N Kill) 

AVir.I.IAM I'^MI.KV 



Goi't I'iinr J )(>ri(i(iii'--i Ii(j>(iii (in ihe Sfafi of iJn J*rinui(fi of 
New Yorl-, dc 

llMoiii "New Voik Colonial Oiiciuncnts, " Nol. 1 1 L. i'- :<•■"!'•) 

[Extract. I 



Mv LoUDS 



And as for East Jersey it being situate on tlie other side 
of lludsons Kiver tfe between us and where the lixcr disem- 
bogues itself into the sea ; ]>aying m»e Custom A: having 
likewise, the advantage of having; better land iV nutst of 
the Settlers there out of this Govern"" AVee are like to bt-e 
deserted by a great many of oiir ]\[erchants whoe inteml to 
settle thei'e if not annexed to this (xovernment 

J.ast yeai' two ortbree shij)s came in thei-e with goods ».V 
1 am sure tliat that Country camiot. iioe not with tlii' hel|) 
of West tiei'sey consume one thousand 1h in goods in two 
years soe that the ivst of these (ioods must \\w\e, been run 



1 James Alexilmlor, in some notes in piiperw ol' Kerdinand John Paris, in the library 
<»r the New Jersey Histoiical Society, C, i>. 4-1, alludes to fliis award as heinjj " a thiufj 
very ridiculous in ilselJ', when the ijuintipartite deed was in force. It occa.iioued 
much confusion in New Jersey, till the New Jersoy Act of 1718 rectitied all. . . 
Km tho" it was so awarded aud run by Oeorfje Keith from ICg^harbour to Jvliii Dvbie's 
|on a br.iuch oltlie Karitan,] yet it was never run fuilhei' and was clamoured a<j;aiu3t 
atoucu by West Jersey with very good reason." El>. 



1687] RELATIONS BE'nVEEN N. YOKK AND N. JERSEY. 525 

into this Govern"" without paviiii;' his JMaf** Customs, and 
indeed theres no possibility of preventing" it. 

And as for Bea\x'r and Peltiy its inij)ossible to liinder 
its being- carried tlnther, the Indians vahie not the length 
of their -loiirney soe as they can come to a good market 
which those people can better afford them than wee, thev 
paying noe Custom nor Excise inwards or outwards. 

An other inconveniency l)y the Governments remaining 
as it does is that privateers and others can come within 
Sandy Hook and take what Provisions and Goods they 
please from that Side. Alsoe very often shipps bound to 
this place break bulk there eV: run their Goods into that 
Colony with intent afterwards to import the same pri\'atelv 
& at more leisure into this Province notwithstanding their 
Oath, they salving themselves with this evasion that that 
place is not in this Government — To-day an Interloper 
landed five Tun and one half of teeth there. To jjrevent 
all whicli inconveniences and for the securing of this place 
from Enemys, I desire to have an order to make up a small 
Fort with twelve guns upon Sandy Hook the Channell 
there being soe near the shore that noe vessel can goe in 
nor out but she must come soe near the Point that froni on 
board one might toss a biscuit Cake on Shore 

If the Proprietors would rightl}^ consider it, they would 
find it their own Interest that that place should bee an- 
nexed to this Government for they are at a greater charge 
for maintaining the present Governm'^ than the whole 
Profits of the Province (which is by (juit Ilents) will 
amount unto ; for they are at the whole Charge, the Coun- 
try allowing nothing towards its support soe that had they 
not the charge of the Governm' they might put that money 
into their own pockets 

And indeed to make And)oy a port will be no less 
inconvenient for the reasons afore mentioned neighbouring 
Colonys being not come to that p'fection but that one i^)rt 
may sutiiciently serve us all 

We in this Government look ii[)(»n that I'ay that I'uns 



526 NEW .IKRSKY CCiLONIAL DOCUMENTS. [1687 

into tlu' Sc'ii at Sauily Jlook to hre llud-^oiis Jvivcr, tht-ro- 
foi-c tlieru Itc'iiii;- a clause in my Instructions directing iiiee 
that 1 cause all vessels that come into Iludsons River to 
Kilter at Xew York, I desire to kiiow whetlier his Mat^ 
intends thereby those Vessels that come withiu Saudy- 
IJook, the people of Kast Jersey })retendin£:; ti I'ight to the 
River soe farr as their l*rovince extends which is eighteen 
miles up the River to the Northward of this Place. 

West Jersey remaining as it does will be noe less incon- 
venient to this Government for the same reasons as East 
Jersey, tliey both making but one jS'eck of Land and that 
soe near situate to us that its metre for their convenience 
to have commerce here than any wheix' else, c^' under these 
cii'cumstanccs that if there were a Warr either with Chris- 
tians or Indians they would not bee able to defend them- 
selves without the assistance of this Governm! 

To bee short, there is an absolute necessity these Prov- 
inces and that of Connecticut bee annexed 



The Correspondence wee hold with our Neighbours is 
very amicable & good Wee on all occasions doing each 
other all the ofHces of Friendship ifc Service wee can, which 
has so much endeared them to us that they desire nothing 
more than to be a part t»f this Government, those of Con- 
necticut choosing farr rather to come under this Gover- 
iiicnt tliau that i»f Hoston, for the I'easons aforementioned; 
and the Jerseys wislr' the like as having once being a part 
of us. And seeing that in this se})aration, they are not 
soe easy or safe, as they might expect to bee, were they 
reunited to us. 

concerning a farm at Kast Jersey belonging to his Ma'*' S:t' 
M"" Santen might have given a better account of this if his 
malice had suffered him. The Farm at East Jersey paid 
ten pounds l*"" annum to his Ma'^ and at a Rack rent, the 
proprietors of East Jersey ])utting us to more trouble than 



1687] KELATIONS BETWEEM N. YORK AND N. JERSEY. 527 

the value of it, they constantly disturl)ing the Tenants on 
pretence that his Ma'-^ had ii;ranted that to them, soe that 
I conclude it would be more inconvenient to keep it than 
part with it — Therefore Judge Palmer having an interest in 
East Jersey 6c an intlnenee upon the Governor there, on 
his giving mee his obligation to pay as a fine the suinm of 
Sixty pounds to the King in case hee should not think fit 
to forgive it A: the rent of twenty shilling p'' annum vfc to 
defend the Title, I gave him a lease of the Reversion of it^ 

[Feb. '22, 1687.] 



1 This I'aiiu belonged to the Dutch West luiliii Company ; and, after the reduction 
of the country by the English, went by the name of "the Duke's Farm." It was at 
Ahasimus, opposite the city of New York. The lease to Palmer was for ninety niue 
years, and ia in the Secretary of State's otiice, at Albany, in Book of Deeds, VII., 
]). llO.—Bi: O'CuUa'jhait. Eu. 



[Note for page 528. 



2 AuKNT So.NJiAXis was one of the first twelve Proprietors of East Jersey. He 
was a Hollander by birth ; but when introduced to our notice was a resident of 
'• Wallingford, Scotland." On becoming interested in East Jersey, ho intended visit- 
ing the Province ; but on his way from London to Holland, in August, 1()83, in cora- 
))auy with Governor Barclay, when passing thiouj;h lluuterdonsliire, he was shot by a 
liighwayman. and was buried in Friends' Buiial Oround, lliuton. He left a wife 
(Fiances Hancock) and three children, — Peter, who came to East .fersciy, and became 
a person of considerable notoriety ; Rachel, the wife of Joseph Ormston, and Joanna, 
wife of Joseph Wright. The Sonmaus' interest in the Province became larger than 
that of any Proprietary; equaling, in 1687, live and a (juarter Proprieties. — Smith's 
•' New Jersey," p. 425; Whitehead's "Amboy," p. IG ; " East Jersey Under the Pro- 
prietary Governments," 2d Edit., p. 175. Eo. 



\Nole for iKirje 52'J.J 

1 Samuel Guoom came to East Jersey in 1682, accompanying Deputy Governor 
Itudyard, as Surveyor and Receiver General. He is styled " Mariner of Stepney," 
and is tirst numiioned, in connection with America, as being in command of a vessel of 
his own, that was at some port in Maryland in 1676. His touching at West Jersey, on 
his way back to England, was probably the cause of his becoming connected with the 
East Jersey Proprietors. His letters, preserved in "Scot's Model," indicates tliat he 
was mucli pleased with the Province. He died in 1083, leaving on the stocks at Perth 
Amboy, unfinished, the first vessel known to have been built in East Jersey. His 
propriet:iry right was transferred to William Dockwra in July of the .same year.— 
" East Jersey Under the I'roprietary Governments." Ei>. 



528 



NEW .IKKSEV COLONIAL IxtCl'MENTi 



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1687] 



EAST JERSEY PR0PRIET0K8 IN 1687. 



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1687] PET. GOVERNOR LAWRIkV POWERS RLVOKED. 531 



licDocatuni of all D<'i>»ii(i (iovcritor Ijiwrie'a Powers in, 
Ead Jei'.srij. 

(From the Oiijiiual in the Library of the New Jersey Historical Society.] 

RuHERT I1\K('LAY Estj'. ({ovenioi' aiul oiu^ of the. 
rr(>[)rietoi"s of the Province of East New Jer- 
sey, and other the Proprietors of the said 
Province. 



( sk.u. ) 7); f/,^, Brimtu Gorenwr for the ti/nie heliuK 

OK TIIK - 1 J ./ J J1 

(Pkovixcic.) and the Counclll of Proprietors there. 

Greeting 

The Pro])rictoi\s here liaviiig taken into considei'atiun 
the state of their atfairs Avithin the said Province under the 
hite [conduct] of Gawen Lawrie and the accounts remitted 
by him, Judge it untitt to continue him longer in any 
pubH(|ue imploymeut And do therefore hereby revoke all 
authorities formerly granted to him, either by Letters of 
Attorney Orders Commissions Instructions or otherwise: 
and declare that all such authorities shall be null and 
void to all Intents and pur})0ses from the tyme this pres- 
ent Order shall be read in the presence of tlie Deputy 
Governor in Councill And the said Proprietors do hereby 
Order and direct that publi(pie notice be given to the 
Inhabitants of the said Province that they do not payor 
deliver to the said Gawen Lawrie any more Rents inony 
goods or debts due or belonging to the Proprietors at their 
Peril). But to such Receiver (ireiierall who is appointed 
under the Scale of the Province oi' his Dep'*' or l)ej)uties 
and shall be pul)li8hed by the Governor aiui Councill to 
the end that all persons nuiy have due notice thereof. 
And whereas the said Gawen Lawrie hath (as the Proprie- 
tors are informed) given discharges to Severall persons for 
arrears of Rents not paid, and taken Security for the Same 



532 NEW JERSEY COLONIAL DGCl'MKNTG. [1687 

by notes bonds or some oilier manner in his owne nam e 
The Proprietors doe hereby advise and Order all such 
persons who have given Such Security to him not to pay 
any of the said mony so securM to him but to the Receiver 
Generall his Deputy or Deputies as abovesaid for whicli 
they shall be discharged and indemnified by the Proprie- 
tors Given in London under the Scale of the Province of 
East Jersey this Fifth day of May in the third yeare of 
the reign of James the Second King of England &c Annoq: 
Dom: one thousand six hundred eighty-seaven 
Signed by order of 

The Proprietors 

Will. Dockwra 

Agent 



Petition of Judge Palmer. 

(From London Public Record Office, 15. T. Vol. I., p. 371.] 

Petition of Judge Palmer to the K: that a fine of 
60' may be remitted to him. 

To his Most Excellent Majesty James the Second by the 
grace of God King of England Scotland France and 
Ireland Defender of the faith &c: Supream Lord of 
the Plantation & CoUony of New yorke. 

The hmvible Petition of John Palmer. Li most humble 
niannor Sheweth 

That there is a certaine small farm belonging unto Your 
Most Sacred Majesty in the Province of East New Jersey, 
formerly granted by S"" Edmund Andross & his Predeces- 
sors to one Gasper Stenmets, and his wife dureing their 
lives, under the annual rent of tenn pound, which said 
farm. By reason of the many disturbances which the Ten- 
nant in possession received, by the Proprietors of the 
Province aforesaid ; who pretend a right to the same, by 
virtue of Your Most Sacred Majestyes grant ; and in 



1687] PETlTIOJf of JOftl^ PALMER. 633 

consideration of an obligation, which Your Most Sacred 
Majestyes Petitioner now lyes under to assert & defend 
Your Majestyes right thereunto, against their unjust mo- 
lestations and pretences, and a fine of Sixty pounds, which 
Your Majestyes Petitioner is obliedged to pay unto his 
ExcelP^ Coll Thomas Dongan, for Your Majestyes use : 
unlesse your Majesty should think fitt to remitt the same ; 
His said Excell''^ was pleased to graunt the reversion of the 
said farme, to this Your Majestyes most humble Petitioner, 
to com'ence after the decease of the Tennant in possession, 
under the annual rent of twenty shillings. 

Whekefok Your Majestyes most humble Petitioner, in 
most humble manner Requesteth, that Your Most Sacred 
Majesty would be Most graciously pleased, to remitt and 
forgive unto Your Petitioner the abovesaid fine of Sixty 
pounds, And he, as in duty bound Shall ever Pray, 

J. Palmer. 
[indorsed .•] 

Rec'^ from M^- Spragg 9 May 1687 

Read 18 May 87 

Petition of the Proprietors of East Jersey to the King, 
Relative to the Entering of Their Vessels at New 
YorTc. 

[From London Public Record Office, B. T. ; "Now York," Vol. XLVII. p. 118.] 

To THE Kings most Excellent Maj^"'' 

The Humble Petition of the Proprietors of the 
Province of East new Jersey in America.^ 

Humbly Sheweth 

That about four years since yo^ Maj:*^ was graciously 
pleased to grant and confii-me to yo^ Peff the said Prov- 
ince, with the free use of all Bays, Rivers, and waters lead- 

1 This petition being referred to the Board of Trade, on the 30th of May : on the 
15th of June, thej' gave their opiuion that the petition be sent to Governor Dongan for 
his answer. On the 18th of June, an order of Council was issued, contirniing the 
action of the Board. Eu. 



iiiii- tlK'icuiito. tor Niiviwitioii. Frt'C trade, and l-"isliin<r ; 
u|)()ii which eiicoiirai^eineiit, and their contideiiee of the 
iiiviolaldeiiess of it, yol l^et^ and many otliers by tlieir 
j»ersuasioii, liave expended great Sununs of money in Set- 
tliiiL:; plantations tliere, and l)uiMini; a town called PKirnr, 
upon a convenient hai'ljor within Sandy-hook-Bay : hoping 
to raise Snch a trade by their Industry, as miglit in process 
of tvnie bring liononr and advantage to the Crowne, and 
Some recompenee to yol' Pet" for tlieir charge and liazards: 
And tliough yol" Pet'? have not been convicted of any for- 
feiture of their said Liberty, nor are conscious of having 
committed any, but taken exact care to put tlie Act of 
Navigation in due Execution, and to jiroceed in all things 
according to the Laws of England, yet Colonell Dongan 
yol" Maj:'"^** Governor of New-York, on the twenty Second 
day of November last, caused Sevei'all Sonldiei's c(tm- 
inanded by a Sergeant to Sur])ri/,e a Small vessell which 
arrived from Ireland at the })ort of J^krtji, and was duly 
cnterM tluMv ; and forcM the said vessell to go up to, and 
enter at New-^'orke ; aiul he threatens to Seize all Shij>s 
bound foi- East-New-.Iersey tliat Shall not enter at New- 
^Orke; which as it is a direct infringement of the ])rivi- 
h'dges yof Pet? claim under yof Royall grant, So unless 
re<lressed, It will discourage the further ])lanting of the 
said Pi-ovince, occasion the loss of yol' ]*et? Stock there, cV 
overthrow one of the most hopefull Colonies in America. 

^'o'.' Pi: I'".'' do therefore humbly beseech yo|' Maj:"'' that 
they nuiy (piietly »'njoy th(> bciu'titt of vo|' Maj:"''' grant tor 
the future. 

And yo.' Pet'." Shall ever ])ray <S:c: 

Whitehall. ;{<•'" May. ST: 
His Maiestie is gracioiisly pleasd to referre this petition 
to y^' liight Hon:'"''' the Lords of the Committee for Trade 
and fori-eign Plantations, to examine y*^ Contents thereof tfe 
to report theii- Ldpp O|)inion theren])on : and his Ma"'" will 
declare his furthei' pleasni'e. JMidulkton 



1^)87] AI'I'EAL OF K. JERSKY PROrRIETORS FOE A PORT. 535 

]ii'prof<('niaf'i<>ri and l^ropostU.^ of flic Pi'opriftoi's of East 

\ From London Pnblic Rpcnnl Otlice : 1'.. T. ; '• \ew York," liiintUe D. I'aper .')l.l 

]lepi-psentati(ni of tlie ease of tlie Province of East 
Jei'sie Tocjether witli tlieir ])ro])osal]s June 
1().S7 ^ 
To THE King 

Tlie humble Tlepresontation of tlie oaso of the pro- 
priety' of East New-Jersey in Aiiierica, with proposalls 
whereby they may comply with the Kinoes pleasure 
:ui<l ])reserve their owu Interests 

1 The pi-esent propriet" had not this province as a 
Gratuitous J>enevolence from the King, but bouoht it 
with their money, having paid above twelve thousand 
pounds for it, and are notwithstanding forc/d to l)uy every 
Acre over again at a considerable rate from the Indians, who 
daily raise the price of land as thej understand our want of it 

2 That the most considerable of the propriet'"'' would 
not be concerned in it, till they had obtained the particulai- 
approbation of the present King, and the Assurance of his 
Favour & Protection ; as a pledge whereof the King was 
pleased to give them a Confirmation of the Soyle ; and a 
Cxrant of the Free use of all Baijes, lingers ii- waters for 
yavigat'toti, Free trade c& Flshhuj tinth the right of (ror- 
erniivnt Dated the fourteenth day of March 1082 which 
is a later Grant than any other Colony in America can 
]U'etend to 

8 The Proprief* Esteeming this Security of the Kings 
Grant Inviolable adventured great Stocks u})on that bot- 
tom, and many of them being Scotch (Gentlemen, have 
sent Severall hundred persons out of Scotland, and may if 
not discourged, Send more every year, whereby an English 
Plantation has been, and may be further advanced without 



1 Enilorseil : "Read the Vith August '87, Referred to the heaiiug Ordered at 
Windsor ye 14th." 



5S6 NEW JERSEY COLONIAL DOOtMENTS. [1687 

Diminishing the people of England : But the propriet™ 
have not yet received the least return of their Charge and 
Hazard in purchasing and Improving the Countrey, The 
Infancy of it requiring a continuall Support from ; and 
not being able to yield any to them 

4 The proprief* hnmbly conceive the Recency of their 
Grant from y** King, the Royall Approbation and Assur- 
ance, that induc'd them to be concerned in this province, 
and the greatness of their Charge in purchasing and im- 
proving it makes their Case very Different from the case 
of most other American plantations, and to deserve a par- 
ticular consideration and favour ; and yet they are under a 
greaf hardship than any other Colony. For though the 
Rest are equally under the processe of a Quo Warranto, 
yet they remain undisturbed in their properties: But the 
propriet" of East New Jersey have been violated in their 
property of their ports by the Governour of New- York, 
who forc'd a Ship from the port of Perth Amboy being 
legally entered there, up to New-York to make their Entiy 
there, under pretence of an order from the Committee of 
plantations, w*^.*^ if true, is directly contrary to the Kings 
Grant to the Propriet" of the Free use of all Rivers, Bayes 
cfe waters for Namgation & Free trade, and was obtained 
without hearing of, or any notice given to the propriet", 
and grounded only upon an old Instruction of that Nature 
formerly given to S"" Edmond Andros before the Kings 
Grant to y* proprief.* 

5 As to the objection against East Jersey that there is 
not the like custome paid there as is paid at Kew-York, 
whereby a prejudice arises to the trade of New-York, and 
the Kings Revenue there : The propriet" in ansAver there- 
unto, do humbly offer to the Kings consideration that the 
custom at New-York w^as legally impos'd with consent of 
the people in a Generall Assembly of that Province ; And 
East Jersey being at that time, and still remaining a Dis- 
tinct province from New York, and having no representa- 
tives in their Assembly cannot be concluded by their Act 



1687] APPEAL OF E. JERSEY PROPRIETORS {"OR A PORT. 53Y 

And therefore no custom can be justlj exacted in East 
Jersey till it be imposed there in the same Le^all manner 
But if Such custom could be demanded in East Jersey 
without the consent of a Generall Assembly, the proprief* 
humbly conceive and are Advised that the nonpayment of 
it could not give a Sufficient ground to the Governor of 
New- York to make Such an Invasion upon their Right of 
port, that being no Franchise revertible to the Crown by 
Judgment in a Quo Warranto, but a matter of meer prop- 
erty, the abuse of which is no otherwise punishable then 
according to the Directions of the Act of Navigation ; And 
if it had been a Franchise, yet the proprief^ ought not to 
Lose it before a Legall Eviction or a Voluntary Surrender, 
much less be despoiled of it uncall'd & unheard. 

6 Though it hath been alwayes the Policy to Encour- 
age Infant-Plantations by free ports and free Trade, as 
necessary for their Support, yet the propriet" are So ready 
to comply with the Kings inclinations in this particular that 
they are willing as far as in them lyes, to yield to the like 
custome in East Jersey as is paid in New- York, if it please 
the King by his Councill to direct them to impose it in 
Such a manner as may not draw the proprief^ under any 
legall Censure, but they humbly conceive That this when 
Settled ; will not answer the ends of New- York or advance 
the Kings Interest, unless all other Neighbouring Colonys 
pay the like custome, but the Trade will dessert both New 
York, and East Jersey, and run to other places continuing 
free from this Burthen. 

The propriet" are not only ready to comply with the 
Kings Expectations in the matter of Customes, but in the 
point of Government too ; for as they value themselves 
upon the Kings opinion of their Loyalty, which they con- 
ceive moved him to grant them the Government, So they 
are desirous to preserve the Kings good opinion of them 
by a Dutifull Surrender of it ; But they humbly hope as 
his Royall Wisdom prompts him to resume all the Ameri- 
can Governments into his own more immediate Admin- 



r»3>! NKW .lERSEV COLOMtAt, noCtMENtg. [10^7 

istratiou ; So his Justice and Goodness will incliiu' him t(» 
ii:rant the Proprief^ all Ileasonablc priviledges for ])reserv- 
ina; their Estates adventured in East Jersey, and theivfore 
\\ill not esteeeni it a I'reaeh of modesty, far Less of their 
Loyalty, that they humbly otter the foUowiuii; proposalls 
as thinjjs which they concei\'e necessai'V to prevent the 
totMll ruin of their Interests. 

1 That Kast Jersey may not ho anm'\e(l to New ^^•rk. 
and put uiuler that (iovei'ument, hut he made I'ither a 
District (Tovernment of it Self, oi- he Joyned with West 
Jersey under one Govi'rnour ; And Siiu-ethe Propi'ietors of 
East vt' AVest Jersey ai-e \ery numerous. The Kinu- will 
please to name one from amuiii^st them of whose Loyalty 
and Ahility the K'iuii; may be satisfied, to be (-lovernoui', 
according to the ])resent practice of nnminir A[aixistriites 
in most corporations in Eno;land. 

2 That in i-cs{)e('t of the ]iroprietoi-s LitcM'est in the 
Countrey, the Kin<^- will please to direct that Some of them 
or their ])roxios in the Pi-ovince Shall be allwaves of the 
Governours Councill. 

/^> That whatsoever the ivino-s pleasure Shall be in the 
fornu'r ])oints, C^ourts of .Justice nuiy be Established in 
East di'rsey, and be held at J*erth. and such othei- jilaces 
as may best Suit with the Conveniency of the Jnhahitants, 
from whence no Aj)peal Shall lye but to the King in Eng- 
laii<l, for if the people must be forc'd to go up to New 
York or any other province for Justice, It will be Cheaper 
for them to bear wrongs then Seek Redress, And 111 men 
will be thereby Encouraged to o]>press their Neighbours, 
aiul lleduce tlu; Countrey into a Wilderness again. 

4 That the proj)rietors having declared their ready 
complyance in the nuitter of Customes, may Enjoy the i'roe 
use of thi'ir ports according to the Kings Grant above 
mentioned without any Interru]»tion fi-om any other Gov- 
ernment, Ami that an officer be Ap[)ointed in this j)i-ovince 
to collect the Customes, And taki> cai-e that the Act of 
Navigation be duely ]>ut in Execution. 



10S7] PROPOSALS FOR A SKPARATK GOVERNMENT. 539 

5 Tluit Since the Soyle and Qnitt Rents will still 
Remain the proprietors property, and three Fonrth ])arts 
of the Land lying within the ])0unds of East Jersey Jersey 
is yet unpurchased from the Indian Natives, the pro])rie- 
tors or their Deputies may have the Sole poM'er of treatino- 
with the Indians for purchase of Such lands, and the 
Appointing Surveyors, Secretaries, Registers and other 
OtRcers for the Surveying, issuing out, warrants. Recording 
Returns of Surveys, and Grants of land, Collecting aiul 
Recovering their Quitt Rents, and may have a particular 
Jurisdiction for Such purposes as Lords of Mann''*' have 
here in England, and that the Kings Governour may not 
intermeddle in these matters 

By these Concessions the proprietors hope, their Adven- 
tures may be preserved, and the Kings intentions as well, 
and Interest better answered, then by Annexing East Jer- 
sey to New York, and they huml)]y hojie that the King 
will condescend to, and Estaldish them So firmly, as the 
proprietors may not lye under the fears of any future 
Alteration, but be encouraged to proceed in Improving the 
])rovince to the Kings Honour, and their own benefit. 

The propriet'''' having studied brevity both in this 
Representation, and their proposalls, are ready to 
Explain them Selves in any point that may Seem 
obscure to the King, or his Councill, if they may l>e 
allowed an opportunity to be heard, which they hum- 
bly request as absolutely necessary to the Adjusting 
these matters. 

Att the Court att Winds(»r tlie 12"' of July KJ87 His 
MaM** is (rraciously pleased to referr this Representation 
and Proposalls to the Consideration of the Right IIoiu)ur- 
able the Lords of the Committee of Trade & Plantations to 
hear the Proprietors thereu])pon, and Rei)ort their opinions 
to his Ma".'' who Will tlicn declaiv his further Pleasure. 

Midi )L ETON 



54:0 NEW JERSEY COLONIAL DOCUMENTS. [1687 



Order Erecting Neio Perth, in East Jersey, Into a Port 

of Entry. 

[Erom -'New York Colonial Documents," Vol. III., p. 428.] 

After Our very hearty Coinmendations. Whereas by 
furnier Instructions given unto you His Ma'*' has tliought 
iitt to Order, That all Ships & Vessels coming within the 
river and channel of Kew York shall enter at His Ma'^'" 
Citty and Port of New York, His Ma'^ is pleased, upon 
further consideration, to direct us to signify his pleasure 
unto you That 3'ou permit all ships <k Vessels bound for 
New Perth in His Majesty's Colony of East-New Jersey to 
goe directly thitlier, without touching at New York or 
being carried thither untill further order. Provided always 
that the Government of East New Jersey doe suffer such 
person as you or the Receiver Generall of His Ma'*'* 
Revenue at New York for the time being shall appoint, 
peaceably & quietly to receive & collect for His Ma'^* use 
the same Customs & Imports as are usually paid at New 
York for such shipps and their lading as are entred there. 
And soe wee bid you very heartily farewell. 

From the Council Chamber at Windsor the 14'.'' day of 

August 1687 

Yo*" very loving freinds 

Sunderland P. Arundel C P. S. Middleton 
Bathe Godolphin J. Emle 

William Blatiiwayt 

To our very lo: freind Tho: Dong an Esq' His Ma'^'* Cap- 
tain General & Gov"" of New York 

1 NoV y« 21:^' 1687 Read in Council & ordered to be 
Recorded & entred in y*^ Records of the Province of New 
York y* same day by John Knight S'^ry 

1 Thia appears in a certified copy atuong the manuscripts of W. A. Whitehead. 



1687] CONFIRMATION OF DEP. GOV. HAMILTON. 541 



From Governor Barclay and the Proprietors of East 
Jersey, in England, to the Deputy Govei'nor and 
Coimcil in East Jersey. 

[From a Copy of the Eecord in Book B, p. 478, in Secretary's Office, at Perth Amboy ; 
among the Manuscripts of W. A. Whitehead.] 

KoBERT Barclay Esquire Governor and one of the 
Proprietors of the Province of East New Jersey 
and other the Proprietors of the said Province, 
To the Dejxity Governor and Council of Pro- 
prietors in the said Province and all others 
whom these Presents do or may Concern ; 

Greeting 

Whereas The Projjrietors have been very sensible of 
the Ingenuity and good Services of Captain Andrew 
Hamilton in his Present Station as their Deputy Governor 
of East New Jersey, being so appointed by the Lord Neil 
Campbell at his Coming away from thence for England 
who was Authorized in Case of an urgent Necessity to 
appoint a Deputy Governor there, as may appear by his 
Commission dated in London the fourth day of June One 
thousand six hundred Eighty and six, And "Whereas the 
said Robert Barclay and the Rest of the Proprietors being 
fully Satisfied with the Care and Conduct of the said 
Cap* Andrew Hamilton and his ability for such an employ- 
ment The said Robert Barclay did Grant the said Cap* An- 
drew Hamilton a Commission for Deputy Governor under 
his hand and seal of the said Province, Signed also by 
William Dockwra our Agent on Behalf of the Rest of the 
Proprietors and dated the Eighteenth day of August Last 
Past, to Continue Deputy Governor for two Years from 
the date thereof which said Commission from the said 
Robert Barclay, and the appointment before by Lord Neil 
Campbell unto the said Cap* Andrew Hamilton for Deputy 



54:2 NEW JERSEY CoI.oXIAI. 1)<)(IMP:NTS. [1687 

( i<>\ tTiior. tlic I'rojii'ietors do uiiaiiiiii<iii.-lv jijiprovi' ol". 
And tlKTciipoii tlif said Proprietors do licivhy OnK-r and 
appoint tlio Receiver (General (or in want (»f liim then such 
Person or Persons as sliall or may liave the receiving of 
the (^uit lient of tlie said Province due to the Proprietors) 
to ])ay to the said Ca[)'. Andrew IJaiuilton forthwith after 
Ivegisterinj:; of this Order, the sum of ( )iie liiiii(h-c(l Pounds 
Sterlinpj which is Intended aiul Dechired to be an acknowl- 
edgment tor liis Pains and Service as Deputy Governor 
and for all his own Expenses (Except what is Publick 
Chai'iies) from the time lie Entered tlie (Tovernment by 
jip})ointment of Lord Neil Campbell, unto the day of the 
date of Governor Barclay's Commission, beiniij the P^igh- 
teentli day of August Last Past, uind Fui'tliei' the I'ropi-ie- 
tors do hereby allow unto the said Caj)' xVndrew Hamilton, 
the sum of Two hundred Pounds Stirling Per annum for 
his Salary and his own Expenses as Deputy Governor to 
Commence from the date of the said Commission of the 
Eighteenth day of August last, and do Order and a])point 
the Kceciver General (or in want of him then such Person 
lU' J*crsons as shall have the Receiving of the C^uit Rents 
in the said Province due to the Proi)rietors) To pay to the 
>\\\'\ Cap! Andrew Hamilton forthwith aftei' Registering 
the said Commission so much JMonev as shall be grown due 
to the said Captain Andrew Hamilton since the date of the 
said Commission and what more shall grow due from time 
to time after the Rate of Two hundred Pounds Per amium 
as aforesaid, and the Receipt of the said Captain Andrew 
Hamilton shall be a sufficient dischai-ge for so nnich as 
shall be Payed him Pursuant to this Order of the Proprie- 
tors, (rict )i under the seal of the l*rovince of P2ast New 
.Jersey this twenty-fom-th day of Se])tember in the third 
"^'ear of the Reign of James the Second over England tfec 
King Annotpie Domini ( )ne thousand six hundred Eighty 

iV: S«»ven. 

Signed by Oi'dcr of the Pj'opriet<us 

Wii.i,: Do( KwiiA Aiicnt. 



1687] INSTRUCTIONS TO COLLECTOR TLOWMAX. 543 



Inst rucf ion ■< to Jlat(/i< ir Vlou'inan^ (.oU'cfor of t'u.'stuitw, 
at Neu) VorJi. 

[Fioni "New York Colonial Docimicuts," Vol. III., p. ."lOl.] 

Iiistnictioiis for our Trusty @ WebelovM Matthew 
P]o^v^lau, Es(|" Our Collect^' and lleceivei- of 
our lleveuue iu our Proviuce of N York and 
tlie Territories depending thereon in America. 

\^Ki-t/ui<-t.\ And AV^hcreas wc have formerly directed 
that all Sliipps @ Vessels coming within or passing np the 
River or Channell of N York or Hudson's River should be 
obliged to make entries of their Lading at our Citty @ 
I'oi't <»f New York, you are never the less to ])erinitt all 
shipps @. vessels bound for N. Perth in our Colony of 
East N. Jersey to go directly thither w'thout touching at 
N. York or being carried thither until further order, Pro- 
vided always that the (Tovcrnment of East-New Jerse}' do 
sutfer such Person or Persons as shall be appointed by the 
Governor in Chief of our said Province of New York or 
yourself peaceably @ ([uietly to receive (W) collect for our 
use the same Customs @ Inn)orts as are usually piud at 
New York for such Shipps and their lading 

(liven at our C\)urt at Whitehall this 13"' day of Decem- 
ber 1687 In the thinl year of our Reign 
]^\ his Ma'ty" Command 

Slndkki.and P 



I K D E X , 



Abraham?, (Abramso): Coruellis, 49. 125. 
AchferCoU, (Cull): U, 130, 141.— Appella- 
tion for !New Jersey. 124-147. 

Aflams: John. 166. 227.^414. 

Affidavit of yilve.stpr Salisbury : As to the 
number of families in Kew Jersey, 183. 

Asii^Huo: A Surveyor. 221, 223. 

Aliasimus. (See " jDuke'g Fann.") 

Aicknian: Wm., An East Jeisev Proprie- 
tor, 529. 

Akerman, Senior: John, 28). 

Akenuan, Junior: John, 280. 

Ablerridge: Peter, 289. 

Al(lrick.s : Evert, 269. 

Alexander: George, 5-J9. 

Alexander: Janie.-i. 5-24. 

Alexander: John, 53('. 

Algns: Markas, 269. 

Allen: Anthony, 288. 

Allen: Mathow", 269. 

AUoways Creek : Lauds at, sold by J. Fen- 
wicke, 414. 

AUyn: Judith, 307. 

Almy: Christopher, 51. 

Alricks, (Ahichs) : Petor, 73, 113, 114, 198, 
201. 

Ambo Point. {See Perth Amboy.) 

Andei-son: John, 510. 

Anderson: Thomas. 414. 

Andress: Justa, 111. 

Andress, (Andries, Andrias, Anders, An- 
drus, Andriessen,) : Lawrence, 49, 66, 
82, 89, 91, 92, 97, 110, 125, 146. 

Andrie.s: Joakeui, 50. 

Andros: Edmund, K^otice of, 156. — His 
commission as Governor of New York, 
'\TiQ. — Letters to. from Secretary of the 
Duke of York, 179. 2.30, 345, 347.— Let- 
ters from, to Capt. Cantwell, ou Indian 
affairs, 179, 181 — Conference between, 
and the Indian Sachems of 2few Jer- 
Bcy, 182. — Letters from, to authorities 
at Newcastle, 189, 204, 285.— Warrant 



ajrainst John Fenwicke, 187. — Letter 
from, to Capt. Billop, relative to fly- 
boat Martha, 270.— Letter from, to 
Commissioners for West Jersey, 271.— 
Commission from, to Overseers at Sa- 
lem, 284. —Order from, for the preserva- 
tion of the rights of the inhabitants of 
West Jersey, 285— Letter from, to 
Governor Carteret, about fort at Sandy 
Hook, &c., 292. —Answer thereto 
from Carteret, 294.— Proclamation of, 
agaiust Carteret, 293, 302.— Proceed- 
ings of, condemned by Carteret, 297— 
Hfs visit to New Jersey, 299, 304.— 
Meets the New Jersey Assembly, 307. 
— Carteret's letter to 'the Proprietors, 
respecting, 314.— His order for the 
election of Justices at Woodbridgo 
objected to, 318.— Petition to, of Wm. 
Pardon, 335. — Letter to, from John 
Warren, 337. 

Audrus: Andrew, 413. 

Appelgadt: Bartholomew, 142, 143. 

Appel.sadt: Thomas, 142, 143. 

Apsley: Sir Allen, Letters to. from Sir 
John Werden, relative to customs, 
353. 

Areut.sen: Claes, 49, 150. 

Areutsen: Lawrence, 49. 

Arlington: Lord, Letter to, from Governor 
Nicolls, 54. — Letter to, from Samuel 
Maverick, 57. 

Arthur Cull Sound, 14. 

Ashton : James, 88. 

Assembly: First, called, 50. — Proposed by 
Governor Andros, 296.^Coiintermand- 
ed bv Carteret, 297.— Deputies to, in 
1680.' :i06. 

Assembly and Council : Proceedings of, 
under Andrps, 306-312. 

Atkins: Sir Edward. 366, 369. 

Atkius; Sir Kobert, 366. 369. 



B. 



Bapley: Charles, 2Gt<, 414. 

Bailey, (Baylies): John. 15-19, .'iOi-O. 

Baker: John, 18, 19, 98, 122, 43", 529. 

Baltimore: Lord, 420. 

Barber: Francis, 50. 

Barclay: David, 464, 465-468.— One of the 

East Jersey Proprietors, 383, 441, 448, 

460, 628. 
Barclay: .John, 446. 462, 465, 529. 
Barclay: Eobert, One of the East Jersey 

Proprietors, 383, 410, 441, 448, 451, 454. 

4,57, 463, 474. 482, 483, 490, 500, 507. 513. 

519, 523, 529. 531, 541.— Appointed G v- 



ernor of East Jorsc.y for life, 395. AiA. — 
Comuiission from, to Thomas Kudyard, 
376. — Commission from, to Samuel 
Groom, 378. — Letters to tlie planters, 
412, 454. — Commission from, to G. 
Lawrie, 423. — Instructions from, to 
Lawrie. 426, 443, 459, 470, 476.— In- 
terested in cargo of ship Exchange. 
467. — Notice of. 502, 515.— Instructions 
of, to Andrew Hamilton, 508. — Son of. 
at school to George Keith, 517, (note.) — 
Submits line between East and West 
Jersey to arbitrators, 519. 



516 



INDKX. 



Barentz. (BaiiuWen): Francis, 194, 195. 

Barker: Tlioinas, Oue of the Kast Jersey 
I'roprietors, 384, 41'J, 4J5, 4S.i. 4:n, 44-J, 
44t>, 4.'>1, 454, 457. 460, i&>, 474, 48-2, 403, 
41MI, 50(1, .504, .507, 530. 

Biiroii : Michill, 191, 194, -^04, -iGS, 27C, 284. 
414. 

Bartle.soii: Andrew, dfiy. 

Barton : Tlionian. 2ti9. 

Bath: John, Earl of, 3(i6, 3(i9. 

Baxter: G. 518. 

Bayard: Nu-holiis, 517, 518. 

Bc'iiedyuk: Thomas. 15. 

Benson; 'i"h(>iua.s, 269 

Benthall: Walter. An East Jert^ev I'ro- 
l)rietor, 442. 454, 4.57, 4li2, 474, 482, 483, 
490, 500, 504, .507, 53(1. 

Ber^eu: Oathsofallejiiauce taken at. I(i65. 
48.— Order }irohil)itinj; ai-ts in, not 
.sauctione<l by the (iovernor, 92.— Rela- 
tions botweeii. and the Council of New 
Netherlands. 123, 125, 127, 129, 135, 140, 
14.5, 146,151, 320. 

Berkeley: Sir John, Notice of, 25. 

Berkeley and Carteret: Lords. Lea.se and 
release to, from Uuke of York, 8-14.— 
Commission from, and instructions to, 
Governor Carteret, 20, 21. — Commis- 
sion from, to Rol)ert Vauiiuellin, 26.— 
Concessions and agreements to and 
with the planters, 28. — Comments of 
Governor Nicoll.s on their giant, 46. 
51. Samuel Maverick's comments on 
their jirunt, 57. — Addret-s to, from the 
Council, 94. — Their declaration ot tlie 
true intent of the concessions, 99, 101. — 
Letters from, to the Governor and 
Council, 104, 105, 108.— King Charles 
11. confirms tlieir authority, 107.— Let- 
ters from, to the protended representa- 
atives, 109. — Grant to freeholders, iScc, 
104. 

Berkstead: Joshua. 414. 

Berry: John, 76. 81, 82, rtl, 91, 97, 108, 110, 
l'22, 125, 131, 140, 145, 149, 150, 177, 
301-303. 

Berry, Junior: John, 66. 

Beswick: Francis. 270. 

Beits: Kichard. 148, 150. 

Biddle: AVilliam. 268. 

Billoj): Christoidier, 195 198. 201.— Letter 
to. fioiM (iosirnor Andros. 270— Plan- 
tation (Ml Stalen Island, 476, id'>. 

Bingley: William, 530. 

Bishop. Senior: John. 66, 67, 82, 89, 91-93, 
97, 110. l:i4. 

Bishop, Junior: John, 50, 307. 

Black: William. 269, 288. 

Blackford: Robert, An East Jersey Pro- 
prietor, 60. .5'J9. 

IMoenuoaert: Samuel. Patent to. 1. 



Blumtield: John. 82. 177. 

Bliimtield: 'I'homas, .50. 

Bollen: Jame.s. 110, 130, 131, 177. 316, 35?, 
355, 364. 365. 

Bonian: Nicholas, 129. 

liond: Joseph, .50. 

Bond: Robert. 50, 81, 82, 128. 

Bore: Joshua, 288. 
i Borton: John, 270. 
i Boiirden: Ben., 413. 

I Bout-town: Lands at, .sold l)y John Fen- 
wicke, 4i:i. 414. 

Bowers: Capt., 300, 301. 

Bowne: James, 3:13. 

Bowne, (Bountl, Bown.): John, 44. 51, 88. 
143. 305, 3u7, 309, 33:>, 355 357, 364. 
t Bowyer: 414. 

Brackett, Senior: John, .50. 

Braedy; Hydrek Clark. 320. 

Braiue. James, an East Jersey Proprie- 
tor, 384, 425, 433, 437, 442, 446, 474, 482, 
483, 490. 500, 504, 507, 530. 

Brenson: Daniel, 289. 

Brightwiu: William, 288. 

Bnndley: Luke. 288. 

Broadway: Edward, 118, 268, 283, 234, 292, 
414. 

BrockhoUs: Capt. Anthony. 196, 353.— 
Letteis to. from Governor Carteret, 
3.50, 352. — Answer of, 351. 

Brown: Abraham. 51. 

Brown: Jolm. 156. 

Browne: Nicliolas, 51. 134. 

Bryant: Anthony. 111. 

Budd: John, Petition from, with other.s, 
for grants of land, 289. 

Budd. (Biulde): Thomas, 268, 414. 419. 

Butlington: Kichard, 269. 

Buun: Matthew. 66. 

P.unnell, (Bonnell): Nathan, 50, 65. 

Purges: l.-*aac, 413. 414. 

Burlington: Koad between Perth-town 
and, 428. 

Burnett: liobert. An East Jersey Proprie- 
tor, 4-25, 433, 437, 442, 446, 448, 451, 404, 
457, 462, 474, 482. 483. .500, 507, 513, 5.30. 
— Interested in the cargo of ship Ex- 
change, 467. — Instructions to Andrew 
Hamilton, 508. 513. 

Bu.Hsetl: John, 128. 

Butcher: John. 26'i. 

Byllynge, (Hillinge): Edward. If5, 224, 
230, 232, 268, 32:t.— (^uintipartite deed 
from Sir ti. Carteret, 205.— Grant to, 
from Duke of York, 324.— An East 
Jersey Proprietor, 384, 425. 442, 500, 
504. .530.— Letter to, from Charles IL, 
about j)irates, 458. — Submits line be- 
tween East and West Jersey to arbi- 
trators. 519, 520. 

By water: Gervis, 186. 



C. 



Cameron: Sir Ewen, An East Jer.sey Pro- 
]»iietor. 529. 

(yami)liell: John, An East Jersey Proi)rie- 
tor. 4(i0. .522. 

(.'aniubell: J-ord Neill. (iovenior of East 
Jersey, 509. 522, 529.— Appoints An- 
drew' Hamilton Deputy Governor, 
.542. 

(!ancklin: Ren.. .50. 

Cantwell: Capt. Edmund. HI, 112, 196, 
197, 201,— Letters to. from Governor 
Andros. on Indian atfairs, 179 181. — 
Wanaiit to. for arrest of John Fen- 



wicke, 187.— Testimony of. against 
Fenwicke, 193, 194. 275." 

Cantwell: William, 268. 

Cape May County: First grant of. 1. 

Carr: Capt., Letter to, from Governor 
Lovelace, on Indian atfairs, 79. 

Carrington: John, 41)4. 

Carter: Nicolas, 50, 65, 82-84. 

Carteret: Sir Edward. 317. 

Carteret: Elizabeth, 317.— Lease from, to 
the twelve Proprietors, for East Jer- 
sey. 364-369. — Letter to. from Gov. Car- 
teret, relating to Stateu Island, 353. 



INDEX. 



Carferet: Sir George. Lease and release to, 
from Jame.s, Duke of York, for New 
Jersey. 8-14. — Notice of. 25. — Grant to 
Woortbridge and Samuel Moore. 10-1. — 
Authority of, contirmed by Charles 
II., 1.V2.— Order for patent to, for East 
Jersey, 16U. — Lease and release to, 
from Duke of York, ICl. — Instructiou.s 
of, to Governor and Council, 1(37. — 
Lease from Trustees of, to twelve 
Proprietors, 360.— Qulntiparlite deed 
between, and Wm. Penu and liis as- 
. sociate.s, -205, 38(5. 

Carteret: Sir George, (grandson of tirst 
Proprietor), Eelease from James, Duke 
of York, to, for East Jersey, ;i37-345. 
Carteret : James, 72.— Protestation against, 
by Governor Carteret and Council, 89. 
— Letter of Council, respecting, 91. — 
Went to Virgiuia, 121. 

Carteret: Philip, Commission and instruc- 
tions a.s Governor of New Jersey. 20, 
21.— Letters from, to settlers on the 
lielaware, 51 : to Indian Sachem Ora- 
ton. 55 ; to interpreters, 50. — Procla- 
mation of. calling the tirst Assem- 
blj-, 56. — Warrant from, relating to 
Navcsink, .59.— His siirnature and seal, 
60. — Letter from, to Surveyor General 
Vauquellin, CI.— Order about Court at 
Woodbridcc, 62. — Letter from, to 
people of Woodbridge, 63. — Warrant 
against Wm. Hackett. 64.— Order for 
Special Court at Elizabethtown. 81. — 
Contirmation of icrtaiu privileges to 
Middletown and Shrewsbury, SS. — In- 
ventory of his estate ordered by the 
Dutch Authorities, 130.— Instructions 
to. from Sir George C, 167. — Procla- 
niatiim of Andros against, 293. — Let- 
ter from, to Andros. asserting his 
authority, 294. — Commission from, to 
John Berry. 295.— Letter from, to Gov- 
ernor Andros, countermanding orders 
for a General Assembly, &c.. 297. — In- 
terview with Governor Andros, 300. 
AVarrant from Andros for his arrest, 
302.— Account of his trial, 303.— Letter 
from, to the Proiirietors, respecting 
Andros, 314. ^Letter from, to James 
Uollen, 316. — Proclamation against 
Governor Andros, 346.— Letter from. 
to Governor and Council of New York, 
about Staten Island, 349.— Proclama- 
tion relative to Staten Island, 350.— 
Letter from, to Capt. BrockhoUs. 352.— 
Letter from, to Lady Elizabeth Car- 
teret, relating to Stateu Lsland, 353. 

Carwithyer: Caleb, 50. 

Casabon: Jan Everstu, 49. 

Champion: John, 288. 

Chanipneys: Edward, 186, 227, 283, 414. 

Chanuarnra: Land at, 474. 478, i^JS. 

Chai It's II. : Patentfrom, to Dukt; of York. 
3. — Letter from, contirniing authority 
of Deputy Governor and Council, 107. 
— Orders from, confirming the Gov- 
ernment of Sir George Carteret, 153.— 
Letter from, to Governor and Council 
of East Jersey, 438.— Letter from, to 
Edward Byllvnge, about pirates, 458. 

Chaunders: Thomas, 414. 

Cheete: George, 51. 

Christany-neck: Lands a(. .sold by John 
Eenwicke, 413. 

Claes: Jacob. 50. 

Claesen: Dirck, 146, 



Claridge: Samuel, 530. 

Clark: Walter, 44. 

('lark: William, 2~n. 

Clayton, Senior: AVilliam, 288. 

Clayton, Junior: William, 288. 

Cliti': Samuel, 289. 

Cohansv: Lauds at, sold by John 
wicke, 413, 414. 

Cole: Jacob, 51. 

Colier, (Colyer): Capt. John, I1)0-I92ll95 
299. •» ' 

Collins: Francis. 268. 

Concessions aud Agreements of the L^rds 
Proprietors, 28.— Declaration (.f 
true intent, 99, 101, 173.— Of WestI 
sey, 241. 

Conference on Indian Aflairs, 182. 

Coock: Arthur, 508. 

Cooper: Thomas, An East Jersey Pitjprie- 
tor, 366, 374, 383, 425, 433, 437,/52, 446 
451, 454, 462, 474, 482, 483, 43C, 500, 507, 
530. 

Cornelious: Lause, 269. 

("ornelise: John, 268. 

Cornellissen: John. 49. 

Cortlandt: , 310. 

Council and Assembly: Proceedings of, 
under Governor Androa, 307. — Under 
Governor Carteret, 354. 

Council of New Jerse.y : Protestation of, 
against James Carteret, 89,— Letter 
fri)m,to Governor Carteret, relating to 
James Carteret, 91. — Commis.sion to 
Samuel Moore, to represent them in 
England, 9:3. —Address of, to tlie 
Lords Proijrietors, 94. — Letter to, tVoni 
Charles IL, contirniing the authority 
of Berkeley and Carteret, 107. — Order's 
from, inhabitants to take out patents, 
111. 

Council of New Netherland: Minutes of, 
1673-4, 122. 

Council Minutes: New York, Kelating to 
Indian murders, 72, 76.— Relating to 
John Fenwieke, 186, 188, 197, 235.— 
Kelating to settlement of passengers 
by shii) Kent, 239. — Relative to repre- 
sentation of towns in New Jersey, 296, 
319. — Relating to New Jersev line, 517, 
518. 
Council: Privy, Order of, respecting quo 
/rarraii/ii.s against New Jersey aud 
Delaware, 501. 
Court: General, Convened by Governor 

and Council, 176. 
Court: Herman, 49. 
Courts: Newcastle, Proceedings of, against 

John Fenwieke. 274. 
Courts: New York, Proceedings of. against 
John Fenwieke, 236, 238. — Against 
Governor Carteret, 303. 
Cox: Thomas. An East Jersey Proprie- 
tor, 425, 4:t3, 437, 442, 446, 451, 460, 462, 
474, 482, 483, 490, 500, 504. 507, 529. 
Coxe: Dauiel, An East Jersey Proprietor, 

530. 
Cramer: William, 50, 86. 
Crane: Jasper, 128. 
Crane: Stephen, 50. 85. 
Cremer: Thomas, 366, 369. 
Crow: Thomas, Lord, 366, ,369. 
Cripps: .lobn, 288. 
Curtis: John, 313, 314, 320, 357. 
Customs: (Juestions as to the right of the 
Proprietors to impose, 280, -Their 
willingness to have them the same a.s 
in New York, 537. 



■AS 



INDEX. 



r. 



Daiiifl: Rirhard, 26!». 

Daniel: Wiilow, 414. 

Daniel > William, 269. 

Darviil) : Doctor, :U7. 

DaviB. i Nicholas, 44. 

Deacoii>: Gforgc, •liii, 283, 381. 

Dehaefi. (Dhaes): Johannes. Ill, 112, 115, 
191- 

Delavi>ll : ThomftH, 72. 

nciowaie: (japt. 19t). 

Doiinv are River: Oath.i of allegiance tak- 
en in 16(iH, ,")1. — Letter from Governor 
Ci»rt«ret to those jiroposins settlement 
on, 01. — Settlers on, ordered to take 
out their patents. 119. — Petition of 
John Biidd and otheis for lauds on, 
VW'J.— i.dands in, to wlioni lieloD^iug, 
347, 34?*.— ^(>'/o warranto a^iainj^t, 501.— 
Nortlieily Ijraneh of, 517. 

Dclramide ; Sir John, An East Jersey Pro- 
prietor, 5-J9. 

De ^Nlarcsque: Mr., 317. 

Denua : John, 2ti9. 

Dennis: Samuel, 82, 128, 134, 320, 355.— 
Warrant for his arrest, 321. 

Demon: Daniel, 15-18, 129, 147. 149. l.')(i, 
504-6. 

Denton: Natlian, 15. 

Denton: Samuel, 505, 50(i. 

Devenish : llarnard. 269. 

Dickinson: John. .")!). 
Dickson: .\nthouv, 269. 

Diedrect (Dedricli, DicUerick,) : 40.66,62, 
177, 320. 

Diedewicker: Hans. 306. 

Division Line between East and West Jer- 
sey, 42t<, 517-524. 



! Division Line between New Tork and Xew 
} Jersey, 517-524. 
I Di.xon : Anthony, 414. 

i Dockwra: 'William, Notico of, 37S, 379. 

An East Jersey Proprietor. 425, 433, 

437, 442, 44C, 44f, 451, 454, 457, 462, 474 

I 482, 48:1, 490. 500, 504, 507, 513, 516, 529.— 

; Interested in shipment to East jersey, 

I 464-467.— Granted 1,000 acres of laud 

I in East Jersey, 4r-6. — Instructions lo 

Andrew Hamilton, 508. 

Doct|re' ; Paul, 269. 

i Donell: , 310. 

' Dunfjau : Governor Thomas, Notice of. 
158. — Keference to his commi.s.siou, 
158.— Letter from, to AVilliam Penn. 
437. — Letters to, from Sir John Wer- 
den, 457, 476.— Earl of Perth, ic, 463.— 
Letters fiom, to Eail of Perth, 483; 
to Sir John Wi-rden, 485. — Informed 
about the running of tlic New Jersey 
line, 517, .V21. — Kcport respecting Now 
York, 524. — Order to. to permit Now 
Perth thr( piivilef^e of a port. 540. 
Doujilas : William, 66, 82, 306, 312. 
Dudley : Joseph. .")09. 
Duke's Farm. (Ahasimns) : 526, 527. 
Dunham: Banayah, 134. 
Dunham : Jonatiian, 66, 82, 87. 
Dunham: Robert, 288. 
iDrummond: John, (of Liindee). An East 
I Jersey Proprietor, 383, 412, 433. 437, 
' 441. 416, 448, 454. 4.57, 460. 462, 463. 474, 

I .528. — Interested in cargo of ship Ex- 

j change, 466. {See Eurl of Mdfort.) 
i Dyckman: Hugh, 128. 
I Dyre: William, 2:J0, 318. 



K. 



East Jersey: Warrant for Patent of, to 
Sir (Jeorge Carteret, 160: Directions to 
Governor and Council of, 167. — A Gen- 
eral Court in, convened, 176. — Lease 
for, from Sir George Carteret's Trus- 
tees to twelve Proprietors. 366. — 
Agreement as to the benefit of sur 
vivorsbip amoni: the twelve, 373. — 
Propositions towar<ls holdiug the 
Province directly from the Duke of 
Vork, 380.— Release from the Duke of 
York to tlie twenty-four I'roprietor,-*, 
383. — Fuudamt iital Constitutions of, 
395, 443. — Li'ticr from the Proprietors 
of, to the idiiuters, 411. — Gawcu Law- 
rie's commission a.s Deputy (^lovernor 
of, 423 ; his instructions, 426, 444, 416 ; 
revoked, 531. — Authority contirnied 
by Charles II.. 138.— I'r.iprietors of, in 
1683, 441.— Agreement of Proprietors 
for taking up laud in, 452. — Letlei- 
from the Proprietors of, to the plant 
er.-f, 454.— Account of sliipment to, by 
fhip Exchange, 464, 466.— Inliabitants 
of, ni't to trade with the Indians, e.x- 
eept through New York, 475. — Confir- 
mation of former orders resjieeting, 4>-8. 
—Orders for laying out lauds in, 492. 
— (^uo ivarraiil'o against, 501.— Affairs 
of, to be examined, 502. — Line between, 
and West Jersey, 517, 519, .523.— Pro 
ptictors of, in 1687. Wi<. — Andrew 
Hamilton approved of as Deputy Gov- 
irnm', ,541. 
Eatou: Michael, 18C. 



Edsall : Samuel, 81, 82, 89, 91, 92. 97. 135 

131, 146. 182, 364. 
Edwards: Herman, 49. 
Eldiidge: John, 225. 230, 233.— Grant to. 

tVoni Duke of York, 324. 
Elizabetlitowu : Oaths of allegiance taken 
at (1666), .50; (1673). 1.30, 133.— Pro- 
ceedings of Special Court iit, 80.— Ar- 
rears of quit rents, 106. — Letter to 
from the Proprietors, 109. — Order to the 
l)lanters in, to take out their patents. 
119. — Pt.'tition from, to the Council ol 
New Nelheilaiid, 456.— Relations with 
the Council of New Netherland, 122, 
124, 126-129, 133. 135, 149.-Vi.sit to, by 
Gov. Andros, 305.— Oflicers at, 320. 

Elizabtthtown Giant: Application to 
Governor Nicolls for, 14. — Induiii deed 
for, 15. — Nicolls' ciiiifinnalion of pur- 
chase of, 17.— I-etter from the Duke of 
York, respecting, 97. — Opinions of 
English lawyers on Governor Nicolls' 
grant, 272.— Instructions of Proprie- 
tors. resj)ecting, 477.— Aftidavits re- 
specling, 504-6. 

P'lkiuton ; George. 288. 

Klliot: William, 223. 

Klsby : John 355. 

Flsley : Elislia, 54. 

Kmley: Willinm. 263, .523. 

Eversen: Hendiick, 269. 

fCves: Thomas, 270, 288. 

Exchange : Ship. Shiimient to East Jersey 
on, 464. — luieicst of different pwsous 
[ therein, 466. 



INDEX. 



540 



Falconer: David, 467, 513. 530.— Instrnc- 
tious to Amlvew Hamilton, 508. 

Families in >{ew Jersey: Number of, in 
16(55, 183. 

Fanint^ton : John, 268. 

Feuimure : Eichard, 270. 

Feiitou : Eleazar, 2G9. 

Fenwicke : Joun, 381, 382, 414. Arrival in 
West Jersey, 185. — Before New York 
Council, 186. — Presentment of, by 
Samuel Leete, 186, 238. — Warran'c 
against, from Governor Audros, 187. — 
Proceeuiujis against, in New York, 
188, 278, 279, 280 ; and iu Newcastle, 
190, 198, 274, 281, 282, 283. — Letter 
from, to Magistrates of Newcastle, 
199. — His agreement with first pur- 
cliasers, 225. — Proceedings of New 
York Council, relating to his patents 
in New Jersey, 235. — Proceedings 
against, before New York Court, 236- 
238. — Before Newcastle Court, 274. — 



Proclamation of, to claimants of land, 
276. — Deed from, to Wm. Penn, for 
half of New Jersey, 370. — Lands Bold 
by, 413. — Agreement between Kxecu- 
tors of, and Wm. Penn, 507. 

Finne's-pointe : Lands at, sold by John 
Fenwicke, 413, 414. 

Flypsen : F., 517. 

Forbes : John, An East Jersey Proprietor, 
.530. 

Forbis, (Forbes) : Arthur, An E.ist Jersey 
Propiietor, 460. 

Forrist : John, 269. 

Forty-first Degree of North Latitude, 520, 
521. 

Foster : John, 15. 

Frcdeiicksen, (Frederiks): Thos., 49, 125. 

Freeman : John, 50. 

French: Thomas, 2C9. 

FuUerton : Kobeit, An East Jersey Pro- 
prietor, 460, 529. 

FuUerton : Thomas, 460, 529. 



G. 



Galloway : Andrew, An East Jersey Pro- 
prietor, 529. 

Gardner : Thomas, 270. 

Garretsen : Garret, 49. 

Garretsen : Geart, 49. 

Geere: Elmer, 186. 

Geere : Kuth, 186 

Geere : Zachariah, 186. 

Gemoenapa: Kelations with Bergen, 145. 

Gerrard ; William, 529. 

Gerretze : Direk, 151. 

Gerretze, (Gerritz) : Geri-et, 125, 320. 

Gibbon : Edmund, 414. 

Gibbons : Richard, 44. 

Gibson : Bartholomew, An Ea.st Jersey 
Proprietor, 425, 446, 448. — Interested 
iu cargo of ship Exchange, 466. 

Gibson : Elizabeth, An East Jersey Pro- 
prietor, 490, ,500, 507. 

Gibson ; William. An East Jersey Pro- 
prietor. 384. 412, 425, 433, 437, 442, 446. 
457, 474, 483, 530. 

GiUansen : Gillis, 194, 276. 

Gillmau, John, 147, 149, 307, 319. 

Godyn : Samuel, Patent to, 1. 

Gordon : Charles, An East Jersey Pro- 
prietor, 529. 

Gordon : Sir John, An East Jersey Pro- 
l)rietoi', 451, 529, 530. 

Gordon ; Sir Robert, An East Jersev Pro- 
prietor, 383, 412, 425, 433, 442, 446, 44H. 
4.54. 4.57, 462, 482. 483. 500, 507, 51:5. 529, 
530. — Interested iu cargo of ship E.\ 
change. 466, 467, 513. — Instructions to 
Andrew Hamilton, 508. 

Gordon : Thomas, An East Jersey Pro- 
prietor, 460, 529. 



Gosling : John, 269. 

Gosnell : John, 419. 

Gould : Nathan, Account of the taking of 
New York, 121. 

Goulding, (Goldiiig): William, 4.5, 98. 

Governor and Council : Proclamations of, 
relating to Middletown and Shrews- 
bury, 58, 88; against James Carteret, 
89 ; "convening a General Courr, 176. — 
Letters to, from the Lords Propiietors, 
104, 105. 108 ; from ChaJes IL, 107.— 
Order of, requiring the taking- out of 
warrants for patents, 119. — Instruc- 
tions to, from Sir George Carteret, 
167. — Warrant from, against John 
Fenwicke, 187. 

Governor, Council and Assembly : Pro- 
ceedings of, 354-365. 

Graves: Zackery, 50. 

Grav: John, 50. 

Greenland: Henry, 300, 319, 320, 364, .523. 

Greenville : Bernard. :{66, 369. 

Groom: Samuel. 227. 446, 449.— Au East 
Jer.sey Proprietor, 366, :n3, 383, 529. — 
Coumiissioned as Receiver General, 
378. — His proprietary risrbt transferred 
to his son, 432. — Instructions to, about 
Perth Amboy, 435.— His honesty, «kc., 
referred to, 447. — Notice of, 527. — His 
proi)rietary light transferred to Wm. 
Pot kwra, 527. 

( Jrover : James, 44, 51, 88. 

Grub: John, 269. 

Guy: Richard, 220, 228, 249, 268, 2r3, 284 
291. 292, 413. 414. 



II. 



Hackctt: Capt. William, Proceedings 
against, 64. 

Haige, (Haig) : William, 269, 379. 

Hill: John. 51. 

Halstead; Timothy, Testimony about Eliza- 
bethtown purchase, 504. 

Hamilton : Andrew, Notice of. 509. — In- 
structions to, 508, 513. — Appointed 
:^eputy Governor, 541. 



Hancock : Frances. .527. 
Hancock; Godfrey, 269. 
Hancock : John, An East Jersey Prpprle- 

tor, 437, 448, 529.— Interested ia' cargo 

of ship Exchange, 466. 
Hancock : Richard, 284, 292. 414. 
Hancock : William, 414. 
Hanoe: John, 128. 
Hanse : John, 88, 307. 



550 



INnF.X. 



Hanion: .Tohu. 4(i-t-J66, 510-513. 

Haraci<: John. i269. 

Hardenbrook : Harden, 49. 

liai'diu^ : Thonia-', 2H9, iiSS. 

Harmensen: Don we. 49. 

Harris: Daniel. 50. 

Harrisoii: Jhuics. 395. 415,419. 

Hart: Thomii.s. An EaHt Jer.sey Proprie- 
tor, 3(it), 373. 3i?3, 41-2, 42.i, 433. 437. 442. 
446. 454, 4.57. 4G0, 462, 474, Hi, 463, 490. 
500, 504, 507, 5-29. 

Hartshornc: Hnjfh. An East Jersey Pro- 
prietor. 3fi(i, 374. 384, 41->, .528. 

Hart.shorno : Kichard, 88, 143. 307.— Let- 
ter to. tioni West Jersey Proj)rietors. 
227.— Notice of, 220. 

Haselwood: Oeoi-ge. 209. 

Ilaven.s: John. 51. 

Hajf.s: William. Aflidavit of. about the 
takinsjof Xew York bv the Dutch, 152. 

Hayle, (Hale): Samuel, 6tj. 82. 

Haynes: John, .50. 

Headley: Levaud, 50. 

Heathc'ott: Georire, 316, 318. 

Heathfield. (lltttii'hl) : Mathiis, 50, 6.5. 

Hedize, (llcdirct^): Samuel, 193, 269. 283. 
.50S. — A]ii)ointed Surveyor General ol 
West Jersey by J. Feuwicke, 275, 413, 
414. 

Helm : Israel, 115. 

Helraslev, (Helmely) : Joseph, 239. 243, 
274, 291. 

Hendrickson : John, 114. 

Hendrickson: I'cter, 114. 

Herman: Aiigustiue. 17, 204. 



Herman : Ca«p., 2(i8. 

Herman: Kphraim. 117. 204.28. 

Herrisous: p4'ter. 288. 

Hewes : William, 414. 

Hewlin<;s : AbraUam. 269. 

Hewlings: M'illiani. 268. 

Hey wood: Johu. An Ea.st Jersey Proprie- 
■ tor, 366, 374. 384. 412, 529. 

Hieckins: lt<i<:er, 414. 

Hoits: Obailiiih, 128. 

Holies: Joseph, Opinion of, on Elizabeth- 
town Grant. 274. 

Holmes. (Hulnis): Jonathan, 88, 134, 307. 

Holmes: Obadiah. 44. 

Holmes : Thoma.s, 395. 415. 419. 

Holt : Jo.. Opinion of, on Elizabethtown 
pant, 271. 

Roman: lieu.jamin, 50. 

Hoot(m: Thomas. 268. 

Hopkins: Samuel, 66, 121,128-131. 1.39, 149. 
153. 300.— Notice of, 1.52. 

Horsley: Charles, 17. 

Mo.skins : John. 2.89. 

Houthout; P'abius, 51. 

Howett: Handle. 17. 

Hoyle: Johu, Opinion of. on Elizabeth- 
town {irant, 274. 

Hubbert: James, 148. 

Hughes : William, 209...^»> ., - 

Hull: Joseph, 51. 

Hiillett: George, .51. 

lliitcbiiiiis: Sarah. 186 

liutcliiuson : (ieorgc, 242, 270. 522, 523. 

IhUrhiu.son: Tliomas. 241. 

Hyde: Lord. 353. 



Indians: Conference between, and Coun- 
cil of New Netherland, 131.— Kight to 
Secaukus. 144. 

Indian Attairs: Letter from (rovornor 
Lovelace to Mr. Tom, respecting, 74 : 
from same, to Capt. Carr, on, 79. — 



Captain Cautwell, respecting 179,181.— 
Conference relating lo, 182. — Proceed- 
ings of Council. res])ecting, 458. 

Indian Deed for Elizabethtown tract. 15. 

Indian Murders, at Matiniconck Island, 
Delaware, 72, 74, 76. 



Letters from Governor Aadros to . Indian Tiade with New Jersey, 485. 



Jacobs: Henry, Tenant of ^Iiiiiniconek 
Island. 288. 

Jacobse: Lyjuan. 151. 

.lacobsou : (Jriina, 270. 

Jac(iuet: Jeau Paul, 117, 189, 190, 192, 195, 
201, 235. 

James, Duke of York : Patent to, for New 
Jersey, from llbarbs IL, 3. — Lea.so 
from, to Lords Herkeley and Carteret, 
8; velea.se from, to ditto, 10.— I,etter 
to, from Governor NIcolls, eommeut- 
ing on bis grant to Berkeley and Car- 
teret. 46. — Letter from, to Governor 
l.,ovelace, continuing bis grant, 97. — 
His commission to Governor Aiuhos, 
156. — Warrant from, to prepare a 
patent to Sir George Carteret for East 
Jersey, liiO — Lease to .Sir (jenrge Car- 
teret, 161-3. — tJrant to Wm. I'euu and 
his associates for West Jersey, 324. — 
Release to (ieorge Carteret, grand.son 
of Sir George. 337 — Kelease from, to 
the twentyfoni- Proi)rietors of East 
Jersey, :J83. — Lett(^r from, to (jovi'r- 
nor Dongan, 475. 



James. Earl of Perth. (Sfr Ptrlh, Earl of .) 

.Jansen : Aert : 268. 

Jansen : I'ieter. 41. 

Jaqnes, Junior: Henry, 50. 

Jauson : Claas, 269. 

Jeans: Henry, 111. 

Jegow : Peter, 51, 111, 288. 

Joniugs: Henry, 2(i9. 
I Jeunius: Samuel, 268, .522, 52-3. 
I Jeolfrv ; Andrew, .529. 
I Jewel': George. 316. 
I Joancs: Jeil'ry. 50. 82-84 
I Jtilinsou : Eopp, 118. 

Johnson, (.rolinstown): James. An East 
.Fer.sey Proprietor. 460, 529. 

Johnson: .John. 115. 

Johnson: Thomas. 142. 297, 306. 310. 320, 
3.V.. 3.57. 

Johnson: William. 50. 413, 414. 

Johnson: Wm. (iill. 268. 

Jones: William. 51. 65. 

Jones: .Sir William, t)])iuion respecting 
customs, 323. ^ 



INDEX. 



551 



Keith : George, 480.— Notice of, 517. 

Keinble: Eobert. 268. 

Kendal: Tboma.s, 2H8. 

Kensey: John, 291. 

Kent: Pas-sengera by i<hip, asX for ami re 

ceive perinii^.sion to settU' in West Jer 

sev. 239. 
Kent;' Stephen. 128. 



Kent: Thoma?. 269. 
Kent; Willijun. 268. 
Kill van Knll: Strait between New York 

and Xewark Bays. 151. 
Kingsland : William. Land and cftects 

oi'dered sold, 138. 
Kirk: Gabriel, 51. 
Kilcbell: Samuel. 134. 



L. 



Lackeronse: Michael, 2C9. 

Laiuge: John, 513. 

Lambert: John. 268. 

Lambert: Thomas, 268, 52i?. 523. 

Lantin: Capt. L.. fjl7. 

La Prairie. (Lapiiere.) {Sf-i- VaiKjinUin.) 

Laswall: William, 270. 

Lawrence: Aient, 49. 

Lawrence: John, 148, 1.50, 1,55. 

Lawrie, (Lowry, Lawry,) : Gawen. 224, 
2.30. 232. 235. 268, 339. 377, 379. 437, 4-1, 
482, 498, 512, 517, 521. — Quintipartite 
deed to him and others, from Sir 
George Carteret, tor West Jersey. 2ii5, 
444. 448. 4.50, 451, 454.— Grant to him 
and others from Duke of York, 324. — 
An East Jersey Proprietor, 383 — 
Commissioned as De])Uty Govei'nor, 
423.— Instructions to, 426, 433, 459.— I 
Instructions to. about Perth Town, ! 
434 : about settlers, 443, 44C ; about : 
taking up land, 476 —Interested in 
cargo ot ship Exchange. 466, 467.— 
Li^lter to. from Wm. Dockwra about 
grant to him. 486. — Censured, 492 — 
Llis accounts to be examined. 503. — 
Powers revoked. .531. 

Leek: William, Oiduion on Elizabethtown 
grant, 274 

Lecroa: Michael, IIG. 

Leeds: Daniel, 270. 



Leete: Samuel. Presentment of. against 
John Ft uwicke, 186, 238. 

LeEetra: Edmund, 51. 

Lefevre: Hypolite, 227. 269, 414. 

Lenten: Jonah, Testimony about Eliza- 
betbtown purchase, 504. 

Leonards: Thomas, .50. 

Lesenby: Henry. 5ii. 

Letts : William'. 84, 85. 

Lieby: Jacob, 49. 

Lippincock: Kichard, 413. 

Lockhart: Georsre. 430. 

Long.staft': John. 134. 

Lot: Benthal, 49. 

Lovelace: Governor Francis, 72. 76 —Let- 
ters from, to Mr. Tom and Capt. Carr, 
relating to Indian nti'airs, 74, 79 - Let- 
ter from Duke of York to him, con- 
firming the grant to Berkeley and 
Carteret, 97. 

Lovelace: Thomas, 76. 

Lover: Samuel, 269. 288. 

Lucas: John. 289. 

Lucas: Nicholas, 224. 230, 232 235,268, 339. 
—Quintipartite deed to liimand others 
from Sir George Carteret, 205 —Grant 
to him and others from Duke of Yoili 
324. 

Lucas : Robert, 289 

Lynde: Joas Vandl , 49. 

L'yon, (Lyen): Henry, 306, 320. 



M. 



Madclocks: John. 269, 414. 
Magistrates in West Jersey, 291. 
Mal^ter: William, 227, 283,' 284, 414. 
Maneten: Lands at, sold by John Feu- 

wicke. 413. 
Marceli.ssen : Peter. 125. 
Marloe: Gregory, 239. 
Marriot: Isaac. 269. 
Marsh: George, 50. 
Marsh: Hugh, .50. 
Marsh: John. 465. 
Marsh: Samuel, .50, 82, 83, 
Martha: Flvboat, 270, 271 
Martin: Richard, 480. 
Martyn, Senior: John, 82. 
Master: Thomas, 51. 
Master: William. 269. 
Mathews : Thomas. 420. — Prrclamation 

against, by AVm Penn, 422. 
^latiiiiconck I.sland: Indian murders at. 

72. 79 —Lease of, to Robert Stacy, 286. 

Henry iTmiiiln'i tnnnt on. 287. — Re- 

rerrcd To bv Win. Penn. 117. 
Matlock: William, 288. 
Mattulx: Luis. 51. 
Maverick: Samuel, Letter from, to Lord 

Arlington, 57, 
McGregor: Capt Patiick, An East 'ersey 

Proprietor, 460. 



McKenzie: Sir George, An Ea^^t Jersey 
Proprietor, 441, 4.)7. 460. 463. 

McKenzie, (Meckenzie): Kenith, An East 
Jersey Piopiietor. 530. 

Meaker: Joseph, 82-84. 

Meeker: William. .50. 65, 82, 83, 104, 320.— 
Ca*e of, against William Pardon. 334- 
337. 

Mel fort: Earl of. An East Jersey Proprie- 
tor, 490. 500. .507, 513, 528 

Melyn, (Moleyn): Jacob, 122, 128, 133, 156. 

Mengagqne: Relations of to Bergen, U5, 
146, 151 

Merrill: William. 521. 

Me.seiTie: Capt , 317-318. 

Mew: Ricliard, An East Jersey Proprie- 
tor, 26.H, 366, 374, 383, 425, 433. 437, 442, 
446. 448.451, 454, 462, 474, 482, 483. 529. 

Meyer: E.. 269. 

Middletown: Oaths of allegiance taken at 
(1668), 51; (1673), 133.— Proclamation 
of (rovenior and Council, relative to. 
58. — Warrant to, for the siirienderof a 
paper. 61. — Compensation of certain 
privileges to. 8H — Arrears of quitreuts 
at, 106 — KelatioDs to the Council of 
New Netlu-rland, 123, 125-127, 129, 130, 
134, 135, 142. 143, 333. 

MitHin, Senior: John. 289. 



rXDKX. 



Mifflin. Junior: Johu, 2ti0. 

Millor: Jumes, 529 

Miuisink Lanils*, 45'J. 

Minuiell: G.. Mayor of New York, Letter 

fron), to Sir Joliu Werdpii, 4'Jl. 
Mitchell: KieharJ.Gj, 80.— His fence pulled 

down, 8-J. ri7. 
Mitclielsi-n, (Michielse, Michelye,): Elia.s, 

411, l-2'>. :jjo. 
Moll: John. I'.IO. lOQ. l!l.5, 1U8. 201. 
Monmouth Patent : From Governor Nieolls. 

43. !I7. 
Moorr: George. 19-2 
Moore: John, 19.5. -200. 
Moore, (More): Sanuiel, .50, Kl, l-ll. H-J, 

144. 149, 130, 17ti, yr.i, .«J — t'oiiimis- 

N. 

Nuvesink : Oatlis of !illej;iance lakeu at. | 
(1668), .51. — Inhal>itant.s of. to jnotluce 
the laws. ;59 ; ordered to takeout their 
patents, 119; dillieulties with, 47". 

Navill: James, iiOs. 

Nelleson: Mathias, 413. 

Xetliup: Edward, "JUb. i 

Nevill : Jame.s, 118, 193, iSX '292, 503.— , 
Appointed Secretary of West Jersey, ; 
27j —Appointed Overseer. 281.— Let- , 
ters from, to Governor Penn, 381, 413. 

Newark: Letter from Governor Carteret ' 
to Indian Sachem Oraton, relative to, 
55. — Arrears of riuitrents at, 106. — Let- 
ter to, from the Proprietors, 109. —Or- ! 
der to inliabitauts of, to take out their 
])ateuts. 119 -Relations with the Coun- 
cil of Xew Xetht;rland. 12-.>. 124, 12li, , 
128-130. i:i4.— Oaths of alley:iaiKe taken 
at, 133. 13.5 — Petition of people of. to 
Council of New Netberlaud. 155. — 
Ortic.'r.s at. 320. 

Xewbold: John. 269. 

Newby: Mark, 419. 

Newcastle: Governor Andros to ("ommand- 
er and Jui^iiees at. 189. 204 -Meet- 
ings at, 190, 191. 201. -Private Court, 
at, 192. — Meeting at, to Governor An- ' 
dros, 194. — Letter to, from New York 1 
Council. 196, 280.— Orders to Magis- 
iratesof, 197,279. — Letter from Magis- 
1 rates of, to New York Council, 200, 
282. — Court at, 274. — Order of Ma<:is- 
trates at, to arrest John Fenwicke, 
281. — Letter fiom Magistrates of, to 
Fenwieke, 2f<l.— Order from (iovernor 
Andros to Mauistrales of. to protect 
the inhabitants on the east .side of the 
Delaware, 2rt5. 

New Jersey : Patent fi-om Charles II. to 
Duke of York, 3.— Philip Carteret's 
commission as (governor of, 20. — Rob- 
ert Vauquelleu's commission as Snr- 



•sion to rc))re9ent the Council in Eng- 
land, 93 —Grant to. 104 —Warrant for 
his arrest. 321.— Release, 322. 

More: Thoma!-, 50 

ilorris: Col. . 299, 300. 

Morris : Lewis, 134 —Certificate relative 
to the line between New York uud 
Now Jersey, 521. 

Morton: George, 413. 

!Mosse: Peter. 50. 

:Mosse : Robert, 50, 85. 

MouUains: Jacob, 50. 

Mount: "William, .523. 

Mudie: Davii-1, An East Jersey Proprie- 
tor, 460. .530. 



veyor, 26. — Concessions and agree- 
ments to anil with settlers of 28. — The 
Lords Proprietors' true intent. &c.. 99, 
101 . — Inhabitaut-i of petition for a con- 
tiiination of jirivileges, 155. — Divided 
by Quintipartite dfed, 205.— Question 
as to the extent of the Proprietors' 
authority, 289. — Visit of Andros to, 
299.— Deed from J. Fenwicke to Wiu. 
Penn for undivided half of, 370. — Its 
separation from New York ii detriment 
to that Province, 491. — Line between 
it and New York. 518. 

Newman: William, 51, 134. 

New Netlierlaiul: Director and Council, 
grant to Godyn and IJloenimaert. 1. — 
Minutes of. 122.— Petition to, from 
towns in New Jersey, 155. 

New York: ('aplure of, by the Dutch, 121. 
— Proceedings of Government of, rela- 
tive to jurisdiction of John Fenwicke, 
l-'8, 196, 200, 278-2«0, 283.— Court of 
Assizes at, for trial of Carteret. 303. — 
Letter to Governor and Council of, 
relative to Staten Island, from Gov- 
ernor Carteret, 349. — ilayor of, to Sir 
Jidin 'Werden. the Piovince buttering 
from loss of East and West Jersey, 
491. — Line between, and New Jersey, 
518. 

Nicholsen: Samuel, 227. 269. 414. 

Nicolls: (Captain), 76. 334, 336. 

Nicolls, (Ni<'holls): Governor Richard. A])- 
l»lication to. for Elizabethtowu grant, 
14.— Conlirnialion of Indian deetl for, 
17. — Patent for Monmouth County, 
43.— Letter tiom, to Duke of York, 
relative to his grants to Lords Rerke- 
ley and (;arleret, 47. — Letter froui, to 
Lord Arlington, relatine to the same, 
54. — Legal opinion on his patent for 
Elizabethtown, 272. 



O. 



Oaths of Allegiance taken: 1663-1668.48-51. 

Ogden: David, 50. 

Ojiden: John, 18, 19, 50, 122, 128, 129, 130, 

137, 138, 141. 149, 155, 300, 334. 
Ogden, (Junior): John, 50, 82, 83, 84. 
Ogden: Jonatlian. 50. 
Oldale: Samuel, 269. 
Oldman's Creek and Salem: Titles to land 

between, 109-119. 
Olive, (Olave): Thomas, 239. 268. 287. 291. 

522, 523. 
OUiver: William, 50, 65. 



I Opinion of certain Enalish Lawyers on 
Nicolls' grant for Eliabetlitowu, 272. 

Oraton: Indian Sachem. Letter to, fruuj 
I Governor Carteret, 55. 

Orraiston: Charles. 530. 

Ormston: Joseph 527. 

Osbourne; Jeremy. 50. 

Oslturne: Joseph, 52. 

Osburne: Stepiien, 65. 

Otto: Gerrett. 192. 195, 201. 

Outhout: Fop. Ill, li:i, 190, 192. 193. 194, 
, 195,201,268,274,275,276. 



INDEX. 



553 



Pack-a-goniack ; Lancia at, sold by John 
Fenwicke, 414. 

Pac<e, (Pack): Gi'orge, 50, 84. 

Pasje: Antlions", '^81. 

Patmer; Captai;-), (Jiuln;e), 30.5,,'?0G, 40'^, 527. 
— Petitiiin to the King lioiu. 532. 

Palmer: TLoma.s, 288. 

Paucoa.st: John, 270. 

Paidon: William, ti5, 70, 81, 82, 85, HI, 02, 
110, 14!).— Notice of, 104.— Ca!^e of, with 
AVilliani Meeker, 334.— Peiitiou of, to 
Governor Andro.s, 335. 

Parker: Henry, 113 

Parker: Joliu, 50. 

Parker: Peter, 51, 59, GO, 01, 03, 177, 233. 

Parsons: Ann. 180. 

Patterson: Edward, 51. 

Payne, (Paine): John, 73, 209, 270. 

Payuter; Kichard, 50. 

Peachee: William, 208, 421. 

Peacock: Capt. James*. 404. 400. 

Pearce: James, 208, 413, 414. 

Pearson: Thomas, .242, 243. 

Pedrick: Roger, 209, 414. 

Peirce: Thomas, 208. 

Peltou: William. 2^4. 

Penirepogh: Kelations with Bergen, 145, 
140, 151. 

Penn: William. 230, 235, 268, 283, 339, 347, 
373, 383, 433, 437, 442, .529.— Quiutii)ar- 
tite deed to, from Sir George Carteret, 
205. — lu-stnictions from, to Commis- 
sioners in West Jersey, 219.— Grant 
to, from Dnke of York, 324.— Letter 
to, from Secretary of Duke of York, 
relating to lands on Delaware River. 
347, 3-li. — Grant to, from Trustees of 
Sir George Carteret, 300. — Deed to, 
from John Fenwicke, 370.— Letters to, 
from James Xevill. 381, 413.— Commis- 
sioners to West Jei'sey, appointed by, 
415. — In.striictions to them, 410.— Let- 
ters from, to Governor and Council of 
We.*t Jersey, 417, 419.— Proclamation 
of, against 'Thomas Mathews, 422.— 
Letter to. from Governor Dongan, 437. 
— Not to be permitted to take up lands 
in New Jersey, 4.57. — Signs as an East 
Jensey Proprietor. 300. — Agreement 
wiih JExecutors of John Fenwicke, 507. 

Pennsylvania: Council Minutes, relating 
to'letters sent to England from New 
Jcr.scy, 394. 

Penton: William. 118. 269, 283, 264, 292, 
414. 

Perth: Earl of Perth, an East Jer.sev Pro- 
prietor. 383, 412, 42.5, 437, 441, 446, 448, 
4.il, 4.54, 457, 400. 462, 463, 474, 482, 483, 
490, 500, 507, 513, 528.— Interested in 
cargo of ship Exchange, 460. 

Perth Town, (Perth Amboy): 427, 428, 
499, 503, 538.— Instructions for laying 
out, 431, 434, 449, 401, 474.— Markets 
and fairs at, 451.— As a port, injurious 
to New York, 525.— Seizure of vessel 
at. 534.— Erected into a port of entry. 
540, 543. 

Petersen: Moues, 50. 



Petty: John, 209. 
Phrase: Joseph, 50. 
Pictor: Lucas, 115. 
Pierce: Daniel,, 1.55. 
Pietersen: Christian. 49. 
Pietersen: Paulea, 49. 
Pieter.seu ; Walter, 209. 
Pike, (Pyke): John. 50, 03, 81, 82, 89, 91, 
93, 97, 134, 150, 177. 300. > ' 

Pinford, (Penford) : John, SSXdf-VXSi^^ll, 

291. ., -: . 

Piscataway: Affains of, referred to, 02. — 
Differences between, .and Woodbridge, 
140-148, 148, 1.50, 1.54, 159. — Petiiiou, 
from, to Council of New Netherland, 
155. — Arrearsof quitrents at, 100. — Let- 
ter to, from the Lords Proprietors, 109. 
— Ordered to take out patents, 119. — 
Relations to the Council of New Neth- 
erland, 123, 124, 120, 129, 130, 134, 135, 
149, 150.— Oaths of allegiance taken at, 
133 — Appointmenis at, approved, 319. 

Pledger: John, 268, 414. 

Plese: Tursse. 208. 

Plowman: Matthew, Collector of New 
York, Instructions to, 543. 

Plumstead: Clement, An East Jersey Pro- 
prietor, 366, 374. 3«4, 425, 433, 4(7, 442, 
440, 451, 454, 457, 460, 462, 474. 482. 4S3. 
490, 500, .504, 507, 530. 

Pococke: Thomas, 360, 36'). 

PoUexssen: Henry, Opinion on Elizabeth- 
town grant, 274. 

Pope: Joseph. 522, 523. 

Pope: Thomas, 50 

Post: Captain Andrian, 49, 66. 

Post and Cornelius, Interpreters : Letter 
to, from Governor Carteret, 56. 

Post Offices established, 509. 

Potter: Marmaduke, 50. 

Powel: Robert. 269, 288. 

Price: Benjamin, .50, 65. 300. 

Proclamation; Of Governor Carteret, call- 
ing first Assembly, 50 : convening a 
(General Court, 176. — Of Governor An- 
dres, against (governor (Carteret. 293 

Proprietors of East Jersey: Lea.se to, from 
Lady Elizabeth Carteiet and Trustees, 
366.-^Agreement of, as to benetit ot' 
survivorshii), 373. — Commission to 
Thomas Kudyard, 376. — C nunission 
to Samuel (iroom, 378.— (,"omniissiiin lo 
(^awen Lawrie. 423. — Inslnictions to 
Deputy (Joveruor Lawrie. 420. 4.59.— 
List of, in 1683, 441 —Regulations tor 
takini: up laud. 452, 470, 492, im.— Qiw 
warrantori against, authorized, 50'.i. — 
Appoint William Dockwra their agent, 
500.— Revoke Lawrie's powers, 531. — 
Peiiti'in for the protection of their 
rights to a port, 533. — Representation 
respecting their ri^ht to a port and a 
Government distinct from New York, 
535. —The King asked to appoint ouc 
of them Governor, 538. 

Pummereiit: Claus Janaen. 82. 

Pyle: S«ah. 414. 

Pvles: William, 65. 



Q. 
Quintipartite Deed : Dividing the Prov- | Gawen Lawrie and Edward Byllyngc, 
luce between Sir George Carteret 205. 

and William Penn, Nicholas Lucas. , (Quitrents: Selling of, forbidden. 477. 



IKDKX. 



Keape: William, 44. 

Reeve: Mark. IhO, •JHO, 413. 414. 

Regi.tter of Scotland: Letter of, to Sir John 

Werilen. :}7!l. — Answer thereto, :W0. 
Reid: Jame-. 465. 
Reiil: John. 4fi4. 465, 467. 4C6. 510-513, 523. 

— Xoliee of, 510. 
Rigs: Ambrose, One of East Jersev Pro- 

{)iietor,s, 366, 374. 383, 41-'. 4->5 433. 437, 

446, 5J9. 
Rigln: R.. 209. 
Ring: Matthew D., 113 
Revel: Thoma.s. 269, 289. 
Robeson: Richard. 209. 
Kobiu.son: Andrew. 517, 521. 



! Robinson: Thonia.s. An East Jersej- Pro- 
I priftor, 474. 4h:J. 490. 

I Robiiisun: William, 530. 
i Rogers: John, Uiri. 
I R'l.sM : tJeorge, 65. 
Rowe: (ieortfo. 320. 
Roydon: William. 268. 
Rudvard: Thomas, 268, 432, 449, 450. 460, 
462, 481, 498.— An Eiist Jersey Proprie- 
tor. 366. 373. .383, 442, 529.^Commis- 
sion a-s Secretary and Re<;ister. 376. — 
Notire of, 370,— Cen.sured. 447, 492. 
Rumsey: William. 26 J. 
Runyon: Vincent, ci5. 



Saekville: Edward. Affidavit of. as to the 
number of families in New Jersey in 
166.5, 1H4. 

Sadler: Ri.lianl. 142. 143. 

Salem: Court at, 118.— Appointments at. 
by John Fenwicke, 275. — Names cf 
persons at, 283. — Commission to Over- 
seers at, from Governor Andros, 284. — 
Petition from inhabitants at, 421. 

Salem and Oldman'sCreek: Titles to lands 
between, 109-119, 508.— Lands at, sold 
by John Fenwicke, 414. 

Salisbury: Silvester. Affidavit of. as to the 
number of families in Xew Jersey in 
1665, 183, 

Salsbuiy: Evan, .50. 

Sanders: Chri.stoplier. 268. 

Saudford : William. ()5, 110, 12.5, 131, 140, 
145. 149, 1.50, 296, 297, 300, 303. 

Sandy Hook, (Sandy Point): 485 — Gr.-xnt 
for, 43.— Fort proposed at, 292, 294, 525. 

Santon. (Sauton): Mr ,, 520. 

Sargeant: William, 67. 

Say re: Capt. Nathaniel, CO, 71. 

Schooley : Thonia.s. 270. 

Schutter's Island, 156. 

Scott: Henjamin, 239, 268, 271,291. 

Scmtall: Jan, 49. 

Seal: Of Xew .Jersey, under Berkelny and 
('arteret, 27.— Of Governor Philip Car- 
teret, 60.— Of the twenty-four Proprie- 
tors of East Jersey. 4.''8. 

Servants: Allowance of land for. 479. 

Sessou: Thomas, 530. 

Shaddock: Samuel. 51. 

Shanigunjioe: Hash, 51, 

Shennock: Andrew. 260. 

Shotwell: Abraham. .50. 

Slinnvsbiiry : Procbniation velatiiiii there- 
to. .58. — Contiiniatidii of sundiy privi- 
leges to, HH. — Anciirs of (|uiireiits at. 
l(l(>. — Relations with the Council of 
New Xctht-rhiTid, I2:f, 125 13(1, 134, 135. 
—Oaths of allegiance to the IJutch. 
taken at. 133. 

Sibley: Robert. 2-9. 

Sibley: Thomas, 2'^9. 

Sicakns, (Secaukus): Indian right to, 144. 

Silvester: Nathaniel, 44, 

Simpkins: Michall, .50. 

Singleteri'y : Jonathan. 131. 132. 

Singleton: Thomas, 470, 471. 

Siuuccks: Andrew, 413. 



Skeine: .John, Deputy Governor of West 

.Fcr.sey, 517, 522, 523. 
Skillmau: Thomas. .50. 
Skinner: Richard, 65. 
Slaughter, (Slater): Edwanl. 307.319,3.50, 
357. 
I Sloi um: .Tohn, 51. 

Smally: John, 129. 
I Smart: Isaac. 26l>. 
j Smeemaii: Herman, 49. 
I Smith: David. 269. 
I Smith: John, 50. i:)4. 527, 268, 284. .508. 
j Smith: Peter. 268.— Affidavit of, as to the 
I number of families in New Jersey in 
I lti«5. 134. 

Smith: Thomas, 268, 414. 
Smith: Widow. 411. 
■ Snow: .lo.seph. 134. 
I .Snowden: .John. 270. 

I Sonmans: Areut, An East .Jer.sev Proprie- 
I tor. 383. 433, 448. 528.— Interested in 

cargo of ship Exchange, 4iiC. — Notice 
of. 527. 
. Sonmans: Johanna, an East Jersey Pro- 
jn-ietor. 437. 
Sonmans: Peter, an East Jersey Proprie- 
tor, 437, 442. 4.57, 527. 
Sonmaps ; Rachel, an East Jersey Pro- 

l>rietor, 437. 
Spiccr: Samuel, 44. 
Spiers: Jlciiilrick, 15] 
Spillage: Hiimjjhrev. .50. 
Spragge: .1 , 517. 518. 
Staiv: Heiirv. 26H. 419. 
Stac'v: M:\blou, 24-2, 293, 368, .522, 5-23. 
Stacy: Robert, 239, 268. 291. :194.— Matini- 

couek Lsland leased to. 286. 
Staten Island : Ownership of. 348. 484.— 
Proclamaticm to inhabitants of. 3,50. — 
Letter to Lady Jili/.abelh Cnrteiet, 
concerning. 3,53. 
Steenwyck: Cornelis, 72, 74, 144, 
Stetimetts: Cajit. Caspar, 82. 
.Stenmetts: Gasper, 49, 532. 
Stevens: Robert. 335. , — 
Stokes: Thomas. 269. 
Stout: Richard, 44. 
Sliingham: Peter, 288. 
Stubbins: Henry, 269. 
Surege: .lohn, 268. 
Slit I on: Ambrose, .505, 506. . 
Swainc: Capt. Samuel, 320. 
Swayne: Samuel, 134. 



INDKX. 



555 



Tapan Creek : The point of partition be- 
tween New York and New Jersey, 522. 

Tappan: Isaac, 82. 

Tarbat, (Tarbutt) : . Interested in cargo 

of sbip Excliange, 466. — Signs as an 
East Jersey Proprietor, 500. 

Tatham: John, 509. 

Taylor: Christopher, 395, 415, 419. 

Taylor : William, Proceedings against, 
313, 314, 3-22. 

Tayne: Isaac, 11". 

Thanksgiving: Day of, ordered, 139. 

Thompson: John. 381. 

Thompson: Williaiu, Opinion as to Eliza- 
be'htown srant, 274. 

Tilton: John, 44. 



Tiudall: Richard, 413, 414, 508. 

Tom : William. 74, 190, 192, 196, 197.— Let- 
ters to, from Governor Lovelace, 74. 

Tompson : Hurr, 82, 83. 

Tomson : Thomas, 50. 

Toshack : David, 460. 

Towle : Percivall, 268. 

Treat : Robert, 65, 81, 82. 

Trotter : William, 50 

Tucker : Charles, 50. 

Tunisen: Derrick, 49. 

Tunnisen : Hendrick, 49. 

Tinner : Robert, 186. 

Turner: Robert, An East Jersey Proprie- 
tor, 3S4, 412, 425. 433, 437, 442, 

Tuttle : Nathaniel, 50. 



V. 



Vallot : Claude. 65. ' 

Van Cortlandt : Stephen, 518. 

VanderBurgh : Cornelius, 320. 

Van der Linde: Joost, 151. 

Van Giesen : Renier, 49. 

Vanhighst : Abraham, 269. 

Vanhurst, (Vanheist) : Renior, 194, 268, 

276. 
Van Jimmen : Johannes, 194. 
Van Jumne • Ganet, 268. 
VanQuellin: Robert. (See Vanquellin.) 
Van Vleck, (L'lick) : Isaac, 49. 



Van Vleckt: Tynemant, 43. 

Varlet : Abram, 130. 

Vauquellin: Robert, 50, 65, 76, 81, 91,92, 
97. — Commission to, as Sui'veyor Gen- 
eral, 26. — Letter to, from Governor 
Carteret, 61. — Arrested by Dutch Au- 
thorities, 130-133.— Sent by Governor 
Carteret to demand the surrender of 
Staten Island, 350. 

Verlett: Capt. Nicholas, 49. 

Vicary : James, 269. 

Voorse : Capt., 513. 



W. 



Wad(; : Edward, 118, 227, 284, 414. 

Wade : Robert, 227, 414. 

Wade : Samuel, 268 

Waites : Elizabeth, 186. 

Waithman : William, 414. 

Wallop : Richard, Opinion on Elizabeth- 
town grant, 274. 

Wandal: J., 299. 

Wansick: Thoraa.s, 51. 

Ward : Edward, 284. 292. 

Ward : John, 128, 134, 306. 310, 313, 320. 

Wardil: Eliakim, 128. 

Warne : Jo.seph, 268. 

Warne : Thomas, An East Jersey Proprie- 
tor. 384, 46(1, 442, 481. 

Warner: Edmund, 224, 225, 230, 233.— Grant 
to, and others from Duke of York, 324. 

Warner: William, 268. 

Warren : John, 319.— Letter from, to Gov- 
ernor Andros, 337. 

Warsen : Richard, 209. 

Wase : James, 220, 227-221. 

W:it,son : Luke. 15-19, 50, 82, 83, 155, 504-506. 

Watson: Peter. 464, 465, 512. 

Watson: Thomas, 264, 413, 414. 

Wayne : John Waynes, 50. 

Webb : Edward, 26, 186, 413, 414. 

Webster: Nathan, 50, 

Welch: William. 421. 

Wells: Philip, 517.— Engaged to run the 
line between New York and New Jer- 
sey, 518, ,')21. 

Werden : Sir John, Secretary to Dnke of 
York, Ijetters from, to Governor An- 
dros, 179. 230, 345, 347; to the Secretary 
of State, on the authority of the Pro 
prietors of New Jersey, '289.— Letter.s 
from, to Wm. Penn, 348 ; to Sir Allen 
Apsley, 354 : to Lord Register of Scot- 
land, 389.— Letter to, from Register of 



Scotland, 379. — Letters to Governor 
Dongau, 457, 476. 

We.st: J., 299. 

West : Robert, 51, 373 —An East Jersey 
Proprietor, 366, 383, 412, 529. 

We.st Jer.sey : Quintipartite deed, to Wm. 
Penn and associates, dividing East 
and West Jersey, 205, 386. — Instruc- 
tions from the Proprietors to their 
Commissioners in, 219. — Agreement 
for tirst settlement of, 225.— Letter 
from Propiietors of, to Richard Harts- 
home, 227 : ditto, to thos'J proposing 
to settle in, 231.— Passengers by ship 
Kent settle in, 239.— Concessions and 
asireements with settlers, 241-270. — 
Letter from Governor Andros to ("oiu- 
mi-ssiouers of, 271.— Appointments for, 
by J. Fenwicke, 275. — Proclamation 
to claimants of land in, 276. Older of 
Governor Andros to protect the inhab- 
itants of, 285 —Petition from persons in 
England for land in, 289.— Names of 
Magistrates in, 291.— Grant of. to Wm. 
Peun and his associates tVom Duke of 
York. 324. — Comwissiouers to, ap- 
pointed by Ciovernor Penn, 415.— In- 
structions to them. 416.— Letter (roni 
Wm. Penn to Governor and Council 
of, 417, 419.— Petition to Governor and 
Council of, from i)eoi)le of Salem, 421. 
— Quo warranto against, 501.— Line be- 
tween, and East Jersey, 517, 519, 523.— 
Obligation of Governor and Proprie- 
tors to abide by the dcterinination of 
arbitrators on the line with East Jer- 
sey. 522.— An inconvenience to New 
Tork. 526.— The King recjuested to 
appoint one of them Governor over 
both Provinces, 538. 



-^rfZ 



o56 



INDKX, 



Whifacar : Rlchartl, ih>*. 

White: Cliristopfier, 'JOJ. 

White: Dounls, 50. 

White John, •J(j9. 299. 

Wliitelieiul : Capt., 300. 

Whitehead: Lsaae, 50, 80, 133 

\\ lliteheml : Siiiuuel. 13. 

Whit ■lieail, S. nior : Isaac A 3-.H) 

Whiteliead : Isaac \., 305. 30y, 311, 31-.2, .3.3-1 

WliUehea.i: J.i.seph. 335. 

Wiiithicli: Thomas, 13-1 

AVilcos: Thomas. An Eaat Jersey Pro- 

piit^tor, 3(ii;. 37-1, 41-,>. 
Wilkinson : IMcharil, -Jiltj. 
Williiiison: William', Ho" 269 
Willes : Daui.l, -xyj, -Jcfii 2yi 
Williams: J., *.»!)9. ' 

AVilliams : William, Opinion of Elizabeth- 
town ginnt., 27-1 
Williamson : John, 134. 
Willis: William, 209. 

WiUocks: Geoijrp^ ^u East Jersey Pro- 
prietor, 4ti0, 529. 
Wills : Samuel, 421. 

Winder: Samuel, Appointed Ke-ister of 
\\e.st Jersey, 275 -An East Jersey 
Proprietor, 529. ■' 

Wines: Barnabas. 50. 
Winne : Thomas, 415, 419. 



; Wood : John, 269. 
Wood : Jonas, 50, 313 
Woodbrid<;e: Oathsofallegiauce taken at 
dOOt', 1073.) : 50, 13U, 133.— Aflaira of, 
referred to, til. -Court at, authorized, 
C2.— Differences with Piscatawav, 146- 
150, 154, 159.— Grant to freeholders of, 
104.— Relations wiih the Council of 
New ^etherhind, 122. 125-129. 1.34. 135, 
21«— Election of Justices declined' 
318— Assembly at, ordered by New 
Vork Council, 290. — Order counter- 
manded by Governor Cartei-et, 297.— 
Olticers at, 320.— Part of Perth Towu 
427 

Woodhouse: Anthony. 309. 
■"Woodroffe, (Woudruti'): John, 50. G5 133 
177. 

Woodroffe : Thomas, 268. 

Wooltertoii: Thomas, 199. 

WooUi.son: WooUey, 269. 

Woilid;,'e : John, 209. 

Woi th : Joseph, 18(', 

Worih : William, 414. 

Wouluerson : Peter, 50. 

Wright : Joseph, 527. 

Wiight: Joshua, 209. 

Wrijiht: Thomas. 51. 

Wyuiugs : John, 65. 



Voung : Christopher, 50. 



Young ; Capt Thomas. 50. 66. 299. 



Z. 

2aue : Robert, 26V. 



V" 



E '12 



r 



